2003 (10) TMI 565 - AT - Central Excise

Summary

Issues:
1. Determination of the type of yarn produced by the appellant - cross reel hanks yarn or plain reel hanks yarn.
2. Reliability of the examination report by CRCL due to improper sample packing.
3. Appellant's request for total exemption from pre-deposit due to financial difficulties.
4. Decision on the pre-deposit amount and timeline for compliance.

Analysis:
1. The primary issue in the appeal was to ascertain whether the appellant was manufacturing cross reel hanks yarn, as asserted by the revenue, or plain reel hanks yarn, as claimed by the appellant. The adjudicating authority relied on statements from various sources to conclude that the appellant was producing cross reel hank yarn.

2. The appellant contended that the samples for examination by CRCL were not appropriately taken, leading to a potentially inaccurate report. During the hearing, the appellant presented samples of both types of yarn and explained the production process. Despite the appellant's argument regarding packing defects affecting the report, the tribunal found it challenging to accept that a mere packing issue could transform plain reel hank into cross reel hank.

3. Regarding the appellant's plea for total exemption from pre-deposit due to financial hardship, the appellant's counsel highlighted significant financial losses incurred by the company. However, the tribunal, after considering the submissions and case facts, directed the appellant to deposit Rs. 50 lakhs towards the duty liability of Rs. 2.70 crores within two months, indicating that the balance amount of demand and penalty was stayed.

4. The tribunal's decision on the pre-deposit amount and compliance timeline balanced the appellant's financial challenges with the duty liability, providing a specific directive for deposit and reporting compliance. The judgment carefully considered the appellant's financial position while ensuring partial compliance with the duty liability within a specified timeframe.