2003 (12) TMI 360 - AT - Central Excise

Summary

Issues:
1. Pre-deposit requirement for hearing the appeal.
2. Determination of place of removal and excess freight charges.
3. Compliance with Show Cause Notice.
4. Consideration of waiver of pre-deposit and stay application.

Analysis:
1. The judgment addresses the requirement for the appellant to pre-deposit a specific amount and penalty for hearing the appeal. The appeal concerns the place of removal, whether it is the factory premises or the buyer's premises as stated in the Show Cause Notice. The Commissioner confirmed duty on excess freight charged by the appellant. The Counsel argues that the order goes beyond the Show Cause Notice as it does not mention the collection of excess freight. Reference is made to judgments by the Apex Court in similar cases.

2. The Learned DR contends that the appellant collected extra freight and insurance, which were not included in the assessable value. Consequently, the Commissioner, after due consideration, confirmed duty and imposed a penalty. The issue of excess charges not being computed in the Show Cause Notice is highlighted by the appellants.

3. Upon careful consideration, it is observed that the appellants have demonstrated that the amount in question was not calculated in the Show Cause Notice. Based on this, the appellants are deemed entitled to request a waiver of the pre-deposit and a stay on recovery until the appeal is resolved. The stay application is granted, and the appeal must be heard within six months as per the amended Section 35F of the Act. Consequently, an out-of-turn hearing is scheduled for a specific date.

4. The judgment concludes by allowing the stay application for the final hearing of the appeal, ensuring that the matter is heard promptly in compliance with the statutory provisions. The decision reflects a balanced approach to addressing the pre-deposit requirement, the issues raised regarding excess charges, and the procedural aspects concerning the Show Cause Notice and the appeal process.