2006 (7) TMI 685 - AT - Central Excise

Commissioner (Appeals) cancels penalty for non-reversal of credit on capital goods sold without invoice.

COMMISSIONER OF C. EX., PUNE-II Versus DATTA SSK LTD.

COMMISSIONER OF C. EX., PUNE-II Versus DATTA SSK LTD. - 2016 (339) E.L.T. 81 (Tri. - Mumbai) Issues:Appeal against setting aside of penalty by Commissioner (Appeals) - Availment of Modvat credit on capital goods - Sale of item without preparing Central Excise invoice - Failure to reverse credit amount - Imposition of penalty under Cenvat Credit Rules.Analysis:The case involved an appeal by the Revenue against the setting aside of a penalty by the Commissioner (Appeals) in a matter related to the availment of Modvat credit on capital goods by the respondents. The Anti-Evasion Branch of Central Excise observed that the respondents had received capital goods from a supplier and subsequently sold one item without preparing a Central Excise invoice and failing to reverse the credit amount availed on that item. The adjudicating authority confirmed the duty demand, interest, and imposed a penalty on the respondents. On appeal, the Commissioner (Appeals) set aside the penalty amount based on case laws, noting that the mistake in not reversing the credit was due to lack of communication and not mala fide intention. The Commissioner found that the respondents had voluntarily reversed the credit along with interest before the show cause notice was issued.In the appeal, the Revenue relied on various judgments but the Commissioner found them not directly relevant to the issue. The Commissioner highlighted the decision of the Larger Bench in the case of Machino Montell (I) as directly relevant. Additionally, the Tribunal's decision in the case of Rashtriya Ispat Nigam Limited, which was confirmed by the Supreme Court, was cited in favor of the assessee. The Commissioner concluded that there were no merits in the appeal filed by the department and dismissed the appeal accordingly. The judgment emphasized the importance of communication and voluntary corrective actions taken by the respondents in reversing the credit amount, leading to the dismissal of the appeal by the Revenue.This detailed analysis of the judgment showcases the key issues involved, the arguments presented by both sides, the relevant case laws considered, and the ultimate decision rendered by the Commissioner, providing a comprehensive understanding of the legal proceedings and outcome in this case.