2005 (1) TMI 445 - AT - Central Excise

Summary

Issues Involved:
1. Waiver of pre-deposit and stay of recovery regarding duty and penalty on clearances to related buyers.
2. Applicability of Rule 9 of the Central Excise (Valuation) Rules, 2000 in determining duty on clearances to related buyers.

Issue 1: Waiver of Pre-deposit and Stay of Recovery
The appellants sought waiver of pre-deposit and stay of recovery for duty amounting to Rs. 55,20,810/- and an equal penalty. The dispute arose from the Department's insistence on duty payment based on the price charged by related buyers for clearances made to them, contrary to the appellants' payment based on the sale price to unrelated buyers. The Tribunal noted the ongoing disagreement between the parties, leading to the current application for relief.

Issue 2: Applicability of Rule 9 of the Central Excise (Valuation) Rules, 2000
The appellants argued a strong prima facie case based on the precedent set in the case of Ultra Refrigerators Pvt. Ltd. v. CCE, Delhi IV, where it was determined that Rule 9 of the Central Excise (Valuation) Rules, 2000 did not apply when a price charged to unrelated persons was available. The Tribunal examined the impugned order and the precedent cited, concluding that the appellants had a prima facie case as they sold goods to both related and unrelated parties at uniform prices during the material period. It was observed that Rule 9 was incorrectly applied in the valuation of goods in the impugned order.

In light of the above analysis, the Tribunal granted the waiver of pre-deposit and stay of recovery as requested by the appellants, considering the prima facie case presented and the misapplication of Rule 9 in the valuation process.

This judgment underscores the importance of legal precedents and the correct application of relevant rules in determining excise duty liabilities, providing clarity on the criteria for waiver of pre-deposit and stay of recovery in such disputes.