2004 (5) TMI 481 - AT - Central Excise

Summary

Issues: Application for waiver of pre-deposit of duty and penalty arising from disallowance of Cenvat credit on fuel used for manufacturing exempted goods.

Analysis:
The case involved an application for waiver of pre-deposit of duty and penalty amounting to Rs. 10,56,314/- and Rs. 50,000/- respectively, stemming from the Commissioner of Central Excise (Appeals), Mumbai's order. The dispute arose due to the disallowance of Cenvat credit on fuel (furnace oil) utilized by the applicant for producing exempted goods alongside dutiable goods.

The applicants contended that Rule 6(2) of the Cenvat Credit Rules, 2001, should not be applicable to them as it excludes inputs intended for use as fuel from Cenvat credit entitlement on inputs for manufacturing exempted goods. However, the tribunal found that Rule 6(1), which prohibits Cenvat credit on the quantity of inputs used in manufacturing exempted goods, was relevant to the case. Consequently, the tribunal concluded that there was no strong prima facie case for a complete waiver of pre-deposit.

As a result, the tribunal directed the applicant to make a pre-deposit of Rs. 5 lakhs towards duty within eight weeks. Upon such deposit, the pre-deposit of the remaining duty and penalty would be waived, and the recovery thereof stayed pending the appeal. Failure to comply with this directive would lead to the vacation of the stay and dismissal of the appeal without prior notice. The compliance report was required by a specified date.

In essence, the tribunal's decision hinged on the interpretation of the Cenvat Credit Rules, specifically Rule 6(1), in relation to the disallowance of Cenvat credit on inputs used for manufacturing exempted goods. The judgment underscored the importance of complying with the pre-deposit directive to maintain the stay on recovery pending the appeal process.