2003 (10) TMI 345 - AT - Central Excise

Summary

Issues: Application for waiver of pre-deposit of duty and penalty arising from the order of the Commissioner of Central Excise.

In the judgment delivered by the Appellate Tribunal CESTAT, Mumbai, the issue at hand was the application for waiver of pre-deposit of duty and penalty amounting to Rs. 2,28,806/- each, stemming from the Commissioner of Central Excise's order. The duty liability was upheld due to the conversion process of PVA powder into liquid form by the applicants, who were job workers for a specific company, being deemed as manufacturing under Note 6 to Chapter 39 of the Central Excise Tariff Act, 1985. Additionally, a penalty was imposed for breaching relevant rules.

The Tribunal thoroughly considered the arguments from both sides and rejected the applicants' claim that the extended period of limitation should not apply based on revenue neutrality. It was established that the duty confirmed against the job workers would be credited to M/s. Peddar & Peddar Tiles Ltd., not to the job workers themselves. Referring to a precedent, the Tribunal highlighted that revenue neutrality is achieved only when the duty credit is available to the same assessee. Given the minimal duty amount involved and the circumstances, the Tribunal directed the pre-deposit of the entire duty within four weeks. Upon compliance with this directive, the pre-deposit of the penalty would be waived, and the recovery stayed pending the appeal. Failure to adhere to this direction would lead to the vacation of the stay and dismissal of the appeal without prior notice.

The Tribunal set a deadline for compliance, requiring a report by November 6, 2003, emphasizing the importance of following the directive promptly to avoid adverse consequences.