2008 (2) TMI 70 - AT - Central Excise

Appellate Tribunal rules on CENVAT credit violations, upholds penalty but modifies duty payment directive

The Appellate Tribunal CESTAT, Kolkata, partially allowed the appeal in a case involving violations of the CENVAT Credit Rules by the appellants. The ... Assessee debited an amount of Rs. 29,00,155 in excess of the credit available – since appellants have subsequently paid the duty amount, we set aside the order of the lower appellate authority which directs them to pay the same amount again from the PLA Account and take re-credit of the amount subsequently paid from the CENVAT Account - interest payable on the amount remained unpaid from the date of overdrawing till actual made subsequently against available credit – penalty imposable Issues involved:Violation of CENVAT Credit Rules - Overdrawn amount from CENVAT Account, payment of duty, penalty imposition.Analysis:The judgment by the Appellate Tribunal CESTAT, Kolkata, addressed the issue of violations of the CENVAT Credit Rules by the appellants. The appellants had debited an amount exceeding the credit available in their CENVAT Account on two occasions. The ld. Advocate for the appellants acknowledged the overdrawn amount but stated that it was subsequently repaid after earning credit in the CENVAT Account in the following year. The Tribunal noted that the appellants contravened the Rules by clearing excisable goods without paying duty due to insufficient balance in the CENVAT Account at the time. Despite the subsequent payment of duty, the lower appellate authority directed the appellants to pay the same amount again from the PLA Account, which the Tribunal deemed unnecessary. Instead, the Tribunal directed the appellants to pay interest on the unpaid amount from the date of overdrawing the CENVAT Account until the subsequent payment against available credit.Regarding the penalty imposed on the appellants amounting to Rs. 5.00 lakhs, the Tribunal considered the gravity of the offence and the substantial overdrawal involved. The Tribunal opined that the penalty was on the lower side given the circumstances and upheld its imposition without any reduction. Consequently, the appeal was partly allowed, and the impugned order was modified as indicated in the judgment. The Tribunal's decision aimed to ensure compliance with the CENVAT Credit Rules while addressing the penalty proportionate to the offence committed by the appellants.