Citation of case law

[KASTURI SETHI]

Dear all Experts,

I want citation of a case law. There is CESTAT judgement wherein it has been held that, 'Non-imposition of penalty is no revenue loss.' This pertains to the year 2012 or 2013. I do not recollect party's name or which CESTAT. I have read it on Taxindiaonline. This judgement may pertain to Central Excise or Service Tax.

Can any expert help me in tracing out this judgement ? Thanks.

[YAGAY andSUN]

M/s F S Engineers Vs CCE 2013 (9) TMI 417 - CESTAT AHMEDABAD (Dated: March 28, 2013) Central Excise – Default in payment of duty – Rule 8(3A) - Whether payment made through cenvat credit during the default period instead of making the payment in cash invites recovery of duty and imposition of penalties - It cannot be said that no duty was paid when transactions were duly recorded in the statutory records - The loss to the revenue is only to the extent of interest for the period from the date of utilising the cenvat credit till the payment of entire duty in cash - Appellant is, liable to pay the interest at applicable rate for this period – Penalty under Rule 25 is not attracted.

 

[KASTURI SETHI]

M/S.YAGAY AND SUN,

Sirs, Thanks a lot for devoting your precious time and making efforts for me. Essence of the judgement is same but I want exact language, ""Non-imposition of penalty is no revenue loss." I have read this sentence in a judgement of CESTAT and want to quote the same in a case listed for personal hearing in this month.

With regards,

KASTURI SETHI

[Ganeshan Kalyani]

I was trying but have not come across. I will try again and come back soon. Thanks.

[Guest]

Dear Sethi Sir,

Hope this is already sorted out, when I was studying this and going through various replies I came to know this case,

Sir I know one work which may be help full which is :" REVENUE NEUTRAL ".

Hope this will help.

thanks

Mitesh

[KASTURI SETHI]

Dear Sir,

I do not agree. The term. "Revenue neutral" is not proper here. I cannot digest. Actually case-law is very helpful and not interpretation. Still I could not trace out.

AI Summary

Non-imposition of penalty affirmed where cenvat credit use was recorded, leaving only interest payable for the default period. M/s F S Engineers v. CCE (CESTAT Ahmedabad, 2013) held that utilisation of cenvat credit recorded in statutory books does not constitute non payment of duty; revenue loss is limited to interest for the period between credit utilisation and cash payment, and penalty under Rule 25 is not attracted, a formulation summarized in the forum as 'Non-imposition of penalty is no revenue loss.'