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2015 (10) TMI 356

Head Note:
Denial of concessional rate of duty - Imposition of interest and penalty - Non fulfilment of conditions of notification - whether the respondent/assessee is entitled to the benefit of Notification No. 10/02-CE dated 01.03.2002 - Held that:- It is an admitted case that duty was neither paid in cash nor through account current as the duty was paid through CENVAT Credit Account and therefore the assessee did not fulfill the second condition mentioned in the notification. - Tribunal has decided the case in favour of the assessee by observing that clearing of goods with payment of excise duty with current account was only an error and the assessee had not violated the more substantial condition viz no CENVAT Credit should be taken in regard to the goods. This is clearly a faulty approach on the part of the Tribunal. It is stated at the cost of repetition that the assessee was required to fulfill the condition in stricto senso viz to pay the duty either in cash or through account current if it wanted to avail the benefit of exemption notification and not through adjustment of CENVAT Credit which is not the mode prescribed in the aforesaid conditions. Once we find that the conditions have not been fulfilled the obvious consequence would be that the assessee was not entitled to the benefit of this notification. - However, Since the mistake is a bonafide mistake, Interest and penalty would not be charged - Decided partly in favour of Revenue.


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