2002 (8) TMI 639 - AT - Central Excise

Summary

The Appellate Tribunal CEGAT, New Delhi granted waiver of pre-deposit of Central Excise duty amounting to Rs. 81,03,580/- and penalty of Rs. 82 lakhs imposed by the Commissioner for M/s. National Fertilizers Ltd. The Tribunal considered the use of Furnace Oil to generate steam as eligible for partial exemption under Notification No. 5/99. The Tribunal ordered to stay the recovery of the remaining duty and penalty during the appeal, citing a strong prima facie case based on the Gujarat Narmada Valley Fertilizer Co. case. Regular hearing scheduled for 3-9-2002.