2001 (4) TMI 609 - AT - Central Excise

Summary

Issues:
1. Stay application for waiver of deposit of duty demanded.
2. Direction under Rule 41 of CEGAT Procedure Rules for stay of operation of the Commissioner's order.
3. Tribunal's power to stay operation of the order impugned before it.
4. Contention regarding duty payment on parts of lifts by manufacturers.
5. Effect of High Court's interim order on lifts being excisable.
6. Undertaking by the applicant to pay duty if Tribunal's decision upholds Commissioner's order.

Issue 1: Stay application for waiver of deposit of duty demanded
The applicant filed a stay application seeking waiver of deposit of duty demanded. The Bench granted the waiver considering the substantial duty amount involved and the recurring nature of the matter. The miscellaneous application for stay of the Commissioner's order was heard on a subsequent date and reserved for orders.

Issue 2: Direction under Rule 41 of CEGAT Procedure Rules for stay of operation of the Commissioner's order
The applicant sought a direction under Rule 41 of the CEGAT Procedure Rules for staying the operation of the Commissioner's order. The Counsel for the applicant cited relevant judgments to support the Tribunal's power to stay proceedings pending before the Appellate Asstt. Collector of Income tax. The Tribunal acknowledged its authority to stay the operation of the impugned order.

Issue 3: Tribunal's power to stay operation of the order impugned before it
The Tribunal affirmed its power to stay the operation of the order challenged before it. The reason provided for staying the order was the non-payment of duty by manufacturers on the value of works contracts. The Tribunal considered the case of manufacturers not paying duty on the full value of lifts, supporting the applicant's contention.

Issue 4: Contention regarding duty payment on parts of lifts by manufacturers
The Tribunal noted instances where manufacturers did not pay duty on the full value of lifts, but only on the parts manufactured and cleared by them. This practice was supported by the interim order of the Bombay High Court, indicating that lifts may not be excisable goods, thus affecting duty payment.

Issue 5: Effect of High Court's interim order on lifts being excisable
The interim order of the Bombay High Court, suggesting that lifts may not be excisable goods, influenced the duty payment practice of manufacturers. The order granted a stay on the operation of the Collector's order regarding duty payment on lifts.

Issue 6: Undertaking by the applicant to pay duty if Tribunal's decision upholds Commissioner's order
The Tribunal listed the appeal for hearing and stayed the operation of the Commissioner's order for a specified period. The applicant was required to furnish an undertaking to pay the duty due if the Tribunal's decision upheld the Commissioner's order. The stay was granted until a specified date or until the appeal's decision was passed, whichever came earlier, to prevent immediate effect of the Commissioner's order.

This detailed analysis covers the various issues addressed in the legal judgment, highlighting the Tribunal's powers, relevant case laws, and the implications of the decisions on duty payment by manufacturers.