2007 (10) TMI 503 - AT - Central Excise

Penalty - Imposition of - Judicial discipline - Demand - Limitation - Cenvat/Modvat - Non-fraudulent availment - Demand of interest

Summary

Issues:
Eligibility of credit on capital goods when final goods are exempted, penalty imposition, time-barred show cause notice, applicability of interest provisions.

Eligibility of Credit on Capital Goods:
The appeal concerned the eligibility of credit on capital goods received by the appellant when the final goods manufactured were exempted at the time of receipt. The Larger Bench had previously ruled that Cenvat/Modvat credit cannot be claimed on capital goods received during a period when final products were exempted. Following this precedent, the tribunal held that the appellant lacked merit, leading to the rejection of the appeal.

Penalty Imposition:
The appellant argued against the imposition of a penalty, citing a previous order by the referral Bench which held that no penalty could be imposed in cases where final goods were exempted at the time of receiving capital goods. The tribunal upheld this decision, stating that judicial discipline restrained them from reviewing the order. Consequently, the penalty on the appellant was set aside.

Time-Barred Show Cause Notice:
The appellant contended that the show cause notice issued to them was time-barred, as it was received after the deadline for submitting quarterly returns. However, the tribunal found that the notice was issued within the stipulated timeframe, considering the appellant's status as an SSI Unit filing quarterly returns. Therefore, the argument of the show cause notice being time-barred was dismissed.

Applicability of Interest Provisions:
Regarding the applicability of interest provisions under Section 11AB, the tribunal noted that the provisions were amended to include the payment of interest even in cases where there was no fraudulent availment of credit. Consequently, the tribunal upheld the order confirming the calculation of interest as per the provisions. The appeal on the eligibility of Cenvat credit and the non-imposition of interest was dismissed, with the tribunal ruling that no penalty was imposable.

In conclusion, the appeal was disposed of with the decisions outlined above, providing clarity on the issues related to the eligibility of credit on capital goods, penalty imposition, time-barred show cause notice, and the applicability of interest provisions.