2004 (6) TMI 490 - AT - Central Excise

Summary

Issues:
Demand of duty on tyres and tubes removed for testing within factory premises, waiver of pre-deposit and stay of recovery.

Analysis:
The judgment revolves around the demand of duty on tyres and tubes removed for testing within the factory premises. The lower appellate authority had confirmed a demand of over Rs. 1,00,000 against the appellants, which was initially vacated by the original authority. The Commissioner (Appeals) later upheld the demand of duty as per the show cause notice. The application sought waiver of pre-deposit and stay of recovery concerning this duty.

The counsel for the applicants argued that the goods on which duty was demanded were destroyed during testing in the Quality Control Laboratory and did not reach the accountability stage in RG I. Reference was made to a Trade Notice specifying the RG I stage of tyres, indicating that tyres should be entered in RG I only after being found fit for marketing and passing technical inspection. The counsel also cited a Tribunal decision stating that no duty was payable for goods destroyed during testing. Additionally, the financial hardship of the company, declared sick by BIFR, was highlighted through the production of the Annual Report (2002 - 2003).

The Departmental Representative (DR) opposed the application, claiming a lack of evidence regarding the destruction of the tyres during testing. The DR failed to provide any Trade Notice or Circular superseding the one referenced by the counsel concerning the RG I stage of the goods.

After considering the submissions, the Tribunal found that the applicants had established a prima facie case based on the Trade Notice. Consequently, the waiver of pre-deposit and stay of recovery were granted, with the appeal to proceed accordingly.