2017 (9) TMI 1435 - AT - Central Excise

Inter-unit transfer of capital goods - CENVAT credit on capital goods shifted to another unit - penalty u/s 11 AC - Held that - there is no dispute that the appellants transferred the capital goods to their sister unit. The appellant has not contested the issue that they should have reversed the credit, which they have done on detection - the other Unit was entitled to avail credit. Thus, it is difficult to observe that there was fraud or collusion or mis-statement etc. for inter-unit transfer of goods - penalty set aside - the demand of CENVAT Credit along with interest is upheld - decided partly in favor of appellant.

Summary

Issues: Appeal against imposition of penalty under Section 11AC of the Central Excise Act, 1944 for inter-unit transfer of capital goods.

Analysis:
1. Facts of the Case: The appellant, engaged in manufacturing Gas Valves and Parts of Valves, transferred six capital goods to their sister unit without reversing the credit, later reversing the credit through invoices. The remaining credit was availed in the next financial year after the goods were already shifted to Unit II. A Show-Cause Notice was issued, demanding CENVAT Credit repayment, interest, and imposing a penalty.

2. Contentions: The appellant argued that it was a case of inter-unit transfer of capital goods, with Unit II only processing jobs of Unit I, making the other unit entitled to avail CENVAT Credit. The Revenue reiterated the lower authorities' findings.

3. Judgment: The Tribunal noted the undisputed transfer of capital goods and the subsequent reversal of credit by the appellant. It observed that the other unit was entitled to avail the credit, finding no evidence of fraud or collusion in the transfer. Citing a precedent, the Tribunal held that penalty under Section 11AC cannot be imposed in cases of transfer for job work.

4. Precedent: The Tribunal referred to the case of CCEx., Customs & S. Tax Vs. Patel Alloys Steel Pvt. Ltd. where the Gujarat High Court ruled against imposing penalty under Section 11AC for transfer of capital goods to a sister concern for job work.

5. Decision: Upholding the demand of CENVAT Credit with interest, the Tribunal set aside the penalty under Section 11AC, partially allowing the appeal filed by the appellant. The imposition of penalty was deemed unjustified in this inter-unit transfer scenario.

This detailed analysis of the judgment highlights the key arguments, findings, and legal principles applied by the Appellate Tribunal in the case concerning the imposition of penalty under Section 11AC for the inter-unit transfer of capital goods.