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M/s. Rail Tech & Another v/s Commissioner of Central Excise & Another

    Excise Appeal No. 322 & 516 of 2011- ST[SM] [Arising Out of Order-In-Appeal No. 276/CE/Ldh/10 dated 29.11.2010 passed by Commissioner of Customs & Central Excise (Appeals), Chandigarh], Excise Appeal No. 322 of 2011- Ex [SM], Excise Appeal No. 516 of 2011- Ex[SM]

    Decided On, 28 January 2014

    At, Customs Excise Service Tax Appellate Tribunal Principal Bench New Delhi


    For the Appellants: Sudhir Malhotra, Advocate. For the Respondent: DR. U K. Srivastava, Advocate.

Judgment Text

Archana Wadhwa, J.

1. The appellants is engaged in the manufacture of railway parts falling under Chapter 86 of Central Excise and Tariff Act. The goods were being supplied by them exclusively to the railways.

2. The

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ispute in the present appeal relates to availability of Cenvat credit of duty paid on the inputs so received by them. It is seen that the appellants took excess credit of Rs. 1,81,206/-. The said credit was availed by them by adopting the assessable value instead of duty paid. The appellants admitted their mistake and on being pointed out by the Revenue, they reversed the credit along with interest of Rs. 14,800/-.3. In the above scenario, it is the contention of the appellant that no penalty should be imposed upon them inasmuch as the mistake was an inadvertent error on the part of the person maintaining the records.4. I agree with the above contention of the appellants. Admittedly, taking credit equivalent to the value of the goods in respect of duty of excise reflected in the said invoice can be said to be a mistake only.5. Inasmuch as the said mistake is liable to be detected either by the Central Excise Officers or by the Audit, the appellant have already suffered by payment of interest to the extent of Rs.14,800/-As such, I set aside the imposition of penalty on the above count.6. It is further seen that lower authorities have denied Cenvat credit of Rs.48,683/- availed by the appellant on the basis of invoice no. 9039 dated 4.5.2007 issued by the input supplier. Neither is it clear from the impugned order or from the memo of appeal as to why the said credit has been held to inadmissible. The lower authorities have simplicitor observed that same is excess Cenvat credit availed by the appellant. On the other hand, the appellant has contended in their memo of appeal that credit against the said invoice was correctly taken and the Revenue has not considered the amount of ACD paid at the time of import. In the absence of any clarity on the above issue, I set aside the impugned order to that extent and remand the matter to the original adjudicating authority for fresh decision on the said disputed quantum of Rs. 48,683/- after giving an opportunity to the appellant to put forth their case.7. In view of the above, the appeal is partly allowed and party remanded.

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