2013 (12) TMI 441 - AT - Central Excise

Tribunal upholds interest, overturns penalty in Cenvat Credit case

M/s SUN PHARMACEUTICALS INDUSTRIES Versus COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX

M/s SUN PHARMACEUTICALS INDUSTRIES Versus COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX - 2015 (317) E.L.T. 144 (Tri. - Ahmd.) , 2017 (49) S.T.R. 609 (Tri. ... Issues:Demand of interest on wrongly availed credit and imposition of penalty under Rule 15 of Cenvat Credit Rules, 2003.Analysis:The appeal pertains to the demand of interest and penalty imposed on the appellant for availing ineligible cenvat credit utilized in manufacturing exempted products. The appellant reversed the credit upon identification during an audit. The interest demand of Rs. 27,366 was contested by the appellant, but the tribunal upheld it citing Section 11A(2B) which mandates interest payment upon reversal of credit. The tribunal rejected the appeal on interest liability. Regarding the penalty under Rule 15 of Cenvat Credit Rules, 2004, the tribunal found it unwarranted. The Adjudicating Authority did not provide sufficient reasoning for the penalty, and the allegation of suppression or fraud was not substantiated in the show-cause notice. Citing a Supreme Court judgment, the tribunal held that penalty imposition without invoking specific allegations in the notice was improper. Consequently, the penalty was set aside, and the appeal challenging it was upheld. In conclusion, the interest liability was upheld, while the penalty imposed was set aside.This judgment highlights the importance of adhering to procedural requirements and providing specific allegations in show-cause notices for penalty imposition. It underscores the necessity for authorities to justify penalties with clear reasoning and not base decisions on uninvoked grounds. The tribunal's decision serves as a reminder for meticulous adherence to legal provisions and principles while imposing penalties in excise matters.