2004 (7) TMI 505 - AT - Central Excise

Summary

Issues:
1. Waiver of pre-deposit of Rs. 50 lakhs imposed on M/s. Maharashtra State Electricity Board by the Commissioner under Notification No. 108/95.

Analysis:

Issue 1: Waiver of pre-deposit of Rs. 50 lakhs
The application for waiver of pre-deposit was made by M/s. Maharashtra State Electricity Board concerning the penalty imposed on them by the Commissioner under Notification No. 108/95. The Appellant's Advocate argued that the duty liability under the Excise Act falls on the manufacturer, not the Appellants, and they were not obligated to inform the department about the suspension and cancellation of the project's funding by the World Bank. The Advocate contended that the penalty under Rule 209A of the Central Excise Rules should not apply. It was emphasized that the project did receive partial funding from the World Bank, making it eligible for the exemption. Reference was made to a previous case to support the argument that the entire cost did not have to be borne by the International Organization for the project to be considered financed by them. The Respondent's Representative opposed the waiver, stating that the Appellants did not disclose crucial information about the project's funding to the manufacturer, leading to the clearance of goods without payment of Central Excise duty. The Tribunal noted that while the duty is payable by the manufacturer, the exemption requires a Certificate from the International Organization confirming project financing, which was not provided to the manufacturer in this case. As a result, the Tribunal directed the Appellants to deposit Rs. 10 lakhs towards the penalty within a specified timeframe, with a waiver of the remaining amount subject to compliance, and stay on recovery during the appeal's pendency. The decision was based on the failure to disclose the suspension and cancellation of funding to the manufacturer, leading to the clearance of non-duty paid goods.

This detailed analysis provides a comprehensive understanding of the legal judgment, addressing the issues involved and the arguments presented by both parties, leading to the Tribunal's decision on the waiver of pre-deposit of penalty imposed on M/s. Maharashtra State Electricity Board under Notification No. 108/95.