2012 (2) TMI 439 - AT - Central Excise

Tribunal decision on interest & penalty for incorrect Cenvat credit reversal

The Tribunal confirmed the interest on late reversal of Modvat Credit and upheld the interest and reduced penalty imposed on the Appellants for incorrect ... Reversal of CENVAT Credit - Confirmation of interest and penalty - Held that:- As such the Explanation-II read with Rule 14 which in turn refers to the provisions of Section 11AB, the non-payment of the credit amount would result in confirmation of interest against the assessee. When the law itself provide for confirmation of interest, I find no reasons to accept the appellants’ plea for setting aside the interest confirmation - appellants are liable to pay interest on the late reversal of Modvat Credit - Following decision of Ind-Swift Laboratories Ltd. [2011 (2) TMI 6 - Supreme Court] - confirmation of interest is upheld. The appellants were admittedly clearing their final exempted products on payment of 10% of the value of the same in terms of provisions of Rule 6(3)(b). Proper returns were being filed by them. The mistake came into notice of the Revenue only as a result of audit. I find that the this is a genuine mistake without any colour of suppression or mis-statement on the part of the appellants. As such I find that the penalty of Rs. 1 lakh imposed upon the appellants is not justifiable, the same is accordingly set aside - Decided partly in favour of assessee. Issues:1. Reversal of Cenvat credit on non-dutiable products.2. Demand raised through show cause notices for incorrect reversal.3. Appeal against confirmation of interest and imposition of penalty.4. Interpretation of Rule 6(3)(c) and Rule 14 of the Cenvat Credit Rules.5. Applicability of interest on late reversal of Modvat Credit.6. Justifiability of penalty for oversight of law provisions.Analysis:1. The case involved the Appellants, engaged in the manufacture of Sugar, molasses, and denatured spirit, availing Cenvat credit on inputs and capital goods. The issue arose when the Department observed that the Appellants were reversing Cenvat credit at a fixed rate of 10% on non-dutiable products under Rule 6(3)(b) instead of on an actual proportionate basis as required.2. Two show cause notices were issued for demanding amounts along with interest and penalty for the incorrect reversal of Cenvat credit. The adjudicating authority agreed with the Appellants that the actual reversal on a proportionate basis was applicable only for clearances after a specific date due to an amendment in Rule 6(3)(a). The Appellants had reversed the differential amount for the relevant period, and the interest and penalty were imposed for non-compliance with the rules.3. The Appellants appealed against the confirmation of interest and imposition of penalty. The appellate authority upheld the interest but reduced the penalty amount. The Appellants further challenged the penalty amount before the Tribunal, arguing that the penalty was not justifiable due to the oversight of the law provisions.4. The Tribunal analyzed Rule 6(3)(c) and Rule 14 of the Cenvat Credit Rules, which provide for the recovery of wrongly taken credit along with interest. The non-payment of the credit amount would result in the confirmation of interest against the assessee as per the provisions. The Tribunal referred to relevant legal provisions and previous court decisions to support the confirmation of interest in this case.5. Regarding the imposition of interest on the late reversal of Modvat Credit, the Tribunal upheld the confirmation of interest based on the legal provisions and precedents cited, including a decision by the Hon'ble Supreme Court. The Tribunal found no grounds to set aside the interest confirmation in light of the applicable laws and judgments.6. In assessing the penalty imposed on the Appellants for the oversight of law provisions, the Tribunal considered it a genuine mistake without any intent to suppress or misstate information. The penalty was deemed unjustifiable, and it was set aside by the Tribunal. The appeal was partially allowed and partially rejected based on the above considerations.This detailed analysis of the judgment provides insights into the issues raised, the legal interpretations made, and the Tribunal's decisions regarding the confirmation of interest and imposition of penalty in the case.