Tribunal revokes penalty on Kerala Govt Undertaking for ineligible cenvat credit, citing prompt reversal with interest.

The Tribunal set aside the penalty imposed on the appellant, a Kerala Government Undertaking, for availing ineligible cenvat credit on imported inputs. The Tribunal found that the appellant promptly reversed the credit with interest upon discovery, demonstrating no intent to evade duty payment. Relying on legal precedents, the Tribunal concluded that imposing a penalty was unwarranted when duty is paid along with interest before a show-cause notice. The penalty was revoked, and the appellant's appeal was allowed.

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Issues:
Appeal against penalty imposed for availing ineligible cenvat credit on imported inputs.

Detailed Analysis:
The appeal was filed against an order passed by the Commissioner (Appeals) upholding the penalty imposed for availing cenvat credit on imported inputs. The appellant, a Kerala Government Undertaking, had inadvertently availed cenvat credit of basic Customs duty on imported inputs, which was pointed out during an internal audit. The appellant immediately reversed the ineligible credit along with interest before the issuance of a show-cause notice. A show-cause notice was later issued proposing to demand the ineligible credit, interest, and imposing a penalty under Rule 15(2) of Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. The original authority confirmed the demand, appropriated the amount paid by the appellant, and imposed a penalty.

During the hearing, the appellant's counsel argued that the impugned order was not sustainable as the appellant had rectified the mistake promptly after it was highlighted by the audit. The appellant, being a State Government Undertaking facing financial difficulties, had no intention to evade duty payment. The counsel cited various judicial decisions in support of the argument. On the other hand, the learned AR defended the impugned order.

After considering the submissions and evidence on record, the Tribunal found that the appellant, being a State Government Undertaking, had inadvertently availed the cenvat credit, which was promptly reversed along with interest. The Tribunal noted that no intention to evade duty payment could be alleged against a State Government Undertaking. Citing previous decisions, the Tribunal held that once duty is paid along with interest before the issuance of a show-cause notice, the question of imposing a penalty does not arise. Referring to a specific case, the Tribunal highlighted that if tax is paid along with interest before the issuance of a show-cause notice, the notice shall not be issued. The Tribunal also mentioned a Karnataka High Court case supporting the view that no penalty is imposable when duty is paid along with interest before the show-cause notice.

Based on the legal precedents and the specific circumstances of the case, the Tribunal set aside the penalty imposed on the appellant, concluding that the impugned order imposing the penalty was not sustainable in law. The appeal of the appellant was allowed, and the penalty was revoked.

In conclusion, the Tribunal's decision focused on the inadvertent nature of the mistake, the prompt rectification by the appellant, the absence of intent to evade duty payment, and the legal precedent supporting the non-imposition of a penalty when duty is paid along with interest before the issuance of a show-cause notice.

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