2013 (11) TMI 1031 - HC - Central Excise

Order of Penalty set aside u/s 11AC the Central Excise Act 1944 r.w Rule 15 of the Cenvat Credit Rules 2004 Held that - As per the Circular dated 07.08.2011 issued by Department the appeal ought not to have been preferred by the department as the amount involved is less than Rs. 10 Lakhs unless the issue involved is recurring and/or it raises a pure substantial question of law - CESTAT has quashed the order of penalty on the ground that there will be a revenue neutrality and there was no loss to the department - the penalty under section 11AC of the Central Excise Act 1944 has been quashed and set aside Thus the Tribunal has not committed any error and/or illegality - no substantial question of law has arisen Decided against the revenue.

Summary

Issues:
Challenge to impugned judgment and order of penalty under section 11AC of the Central Excise Act, 1944 read with Rule 15 of the Cenvat Credit Rules, 2004.

Analysis:
The tax appeal was filed by the revenue against the judgment of the Customs Excise and Service Tax Appellate Tribunal (CESTAT) quashing the penalty imposed under section 11AC of the Central Excise Act, 1944. The appeal amount was Rs. 8,25,450, falling below the threshold of Rs. 10 Lakhs as per a Circular dated 07.08.2011, which required a recurring issue or a substantial question of law for such appeals. The High Court noted that the issue did not meet these criteria.

On the merits, the CESTAT had set aside the penalty based on the concept of revenue neutrality, stating that there was no loss to the department as the capital goods were transferred within the same Commissionerate for job work. The High Court concurred with this view, emphasizing that the units involved belonged to the same entity and any credit transactions were within the Central Excise Authority's purview. The Court found no error or illegality in the Tribunal's decision to quash the penalty under section 11AC.

Given the circumstances and the absence of any legal or substantial question arising from the case, the High Court dismissed the appeal, affirming the Tribunal's decision. Consequently, another related appeal was also dismissed in light of the main tax appeal's outcome.