2003 (9) TMI 438 - AT - Central Excise

Summary

Issues:
Two applications for waiver of pre-deposit of Modvat credit of duty and penalties.

Analysis:
1. Modvat Credit and Penalty Dispute:
- The appellant, represented by Shri B.L. Narasimhan, Advocate, argued that the Modvat credit should not be denied as they had paid more amount to another party and taken the credit of the duty initially paid by them. They contended that there was no intent to evade payment of duty as all invoices were submitted to the department.
- On the other hand, Shri P.M. Rao, JDR for the respondent, contended that a new product came into existence after a certain process, which was not cleared on payment of duty by the appellant. The respondent argued that the duty payment on the initial invoices did not cover the new product received by the appellant.

2. Judgment and Decision:
- The tribunal, comprising S/Shri V.K. Agrawal and P.G. Chacko, analyzed the submissions from both sides. They found merit in the respondent's argument that the invoices for only color picture tubes could not be considered as covering the new product received by the appellant. Consequently, the tribunal directed the appellants to deposit specified amounts towards penalties within a set timeframe.
- The tribunal ordered M/s. Hotline Wittis Display Devices Ltd. to deposit Rs. 7 lakhs and M/s. L.G. Hotline CPT Ltd. to deposit Rs. 10 lakhs towards penalties within six weeks. Compliance with this directive would result in a waiver of pre-deposit of the remaining duty and penalties for M/s. Hotline Wittis Display Devices Ltd. and the remaining penalty for M/s. L.G. Hotline CPT Ltd. The recovery of the amounts would be stayed during the appeal process, with a reporting compliance date set for October 29, 2003.