2004 (6) TMI 491 - AT - Central Excise

Summary

Issues:
Waiver of pre-deposit of duty and penalty arising from a demand order by the Commissioner of Central Excise, Nagpur for the period from April 1999 to November 2002.

Analysis:
The judgment of the Appellate Tribunal CESTAT, Mumbai addressed the application for waiver of pre-deposit of duty amounting to Rs. 1,16,84,066/- and an equal penalty arising from a demand order by the Commissioner of Central Excise, Nagpur. The demand was confirmed based on the allegation that the price of certain products sold to advance license holders for duty-free import was lower than that charged to general customers, necessitating an upward revision due to the benefit of invalidated advance licenses received by the appellants. The Tribunal considered the submissions from both sides and acknowledged the possibility of directing an upward revision only when additional consideration is received from the buyer to the seller. Noting that the lower price to advance license holders was due to a statutory benefit under the advance license scheme, the Tribunal referred to its previous order in the case of IFGL Refractories Ltd. v. CCE, Bhubaneswar-II 2001 (134) E.L.T. 230. The Tribunal found a prima facie case for waiver and distinguished the Commissioner's reliance on the decision in Tata Refractories Ltd. v. CCE, Bhubaneswar, 2002 (141) E.L.T. 460. Consequently, the Tribunal dispensed with the pre-deposit of duty and penalty, staying the recovery pending the appeal.