2012 (10) TMI 999 - HC - Central Excise

Tribunal dismisses Revenue's appeal on Central Excise Act, 1944; penalty upheld for contravention of Central Excise Rules

COMMR. OF CUS., C. EX. & S.T., HYDERABAD Versus RESOURCE TECHNOLOGY (P) LTD.

COMMR. OF CUS., C. EX. & S.T., HYDERABAD Versus RESOURCE TECHNOLOGY (P) LTD. - 2015 (321) E.L.T. 446 (A. P.) Issues:The issues involved in this case are related to the default in payment of duty by the respondent, utilization of Cenvat credit, imposition of penalty, and the appeal process.Default in Payment of Duty:The respondent allegedly defaulted in payment of duty for the months of May and June, 2007 but later paid the same along with interest. The assessing authority issued a show cause notice proposing a duty demand under provisions of Section 11A of the Central Excise Act, 1944.Utilization of Cenvat Credit:The assessing authority noticed that the respondent had utilized Cenvat credit for the subsequent period during the defaulted period. The Commissioner (Appeals) concluded that the appellant had correctly paid duty even during the defaulted period, and the Tribunal concurred with this finding.Imposition of Penalty:The adjudicating authority imposed a penalty under Rule 27 of the Central Excise Rules, 2002 for contravention of Rule 8(3A). The penalty was upheld by the Appellate Authority, and the assessee did not appeal against it.Appeal Process:The Revenue appealed to the CESTAT against the order of the Commissioner setting aside the demand of duty. The Tribunal dismissed the appeal, stating that no substantial question of law arose for consideration based on the facts and precedents cited.In conclusion, the appeal by the Revenue under Section 35G of the Central Excise Act, 1944 was dismissed by the Tribunal as no substantial question of law was found to arise for consideration based on the utilization of Cenvat credit, payment of duty, and imposition of penalty in the case.