2003 (5) TMI 301 - AT - Central Excise

Summary

Issues: Application for waiver of deposit of duty and penalty; Interpretation of legal precedents regarding the binding nature of judgments from different High Courts; Determination of duty payment for stenters.

In this judgment by the Appellate Tribunal CESTAT, Mumbai, the applicant sought the waiver of deposit of duty and penalty amounting to Rs. 61,335/- each, imposed due to non-payment of duty for one of its two stenters for a specific period. The Tribunal had previously followed the judgment of the Madras High Court in Beauty Dyers, regarding the rules for determining stenter capacity under Section 3 of the Act. However, the departmental representative cited judgments from the Punjab and Haryana High Court and the Delhi High Court, emphasizing that a High Court's decision is not binding outside its territorial jurisdiction. Consequently, the Tribunal accepted this contention, stating that the Beauty Dyers judgment would not be binding on them. The applicant argued that no duty was payable as they had requested to seal the stenter on 15th December, with sealing done on 18th December, relying on a Tribunal decision in Karmayogi Dyeing Pvt. Ltd.

The Tribunal differentiated the Karmayogi case, stating the current issue was whether duty had to be paid before sealing the stenter, not before abatement of claim duty. They noted that the stenter was not conclusively proven to be non-operational on 16th and 17th December, merely based on the applicant's statement to the department. Consequently, the Tribunal directed the applicant to deposit the duty within a month, upon which the penalty deposit was waived, and its recovery stayed. The compliance was set for 21-5-2003. This judgment highlights the importance of legal precedents, territorial jurisdiction of High Court decisions, and the specific circumstances surrounding duty payment for stenters, providing a comprehensive analysis of the issues involved.