2005 (1) TMI 459 - AT - Central Excise

Summary

Issues: Stay application regarding duty demand and penalties imposed on company and officials.

In this case, the appellant filed a stay application concerning a duty demand of approximately Rs. 91 lakhs and penalties imposed on the company and its officials. The duty demand primarily pertained to knitted fabrics cleared as rejects. The appellant argued that they were entitled to clear up to 5% of the goods produced as rejects, but in this instance, the percentage was only 2%. Additionally, it was highlighted that the goods were export rejects and had already been disposed of as such. The appellant also mentioned that the proceedings involved goods for which adjudication had taken place previously, with some orders favoring the appellant. Part of the demand related to needles, and it was noted that proceedings had been initiated against the appellant's suppliers as well.

The Tribunal observed that based on the facts presented, the appellant had a strong prima facie case. Consequently, the Tribunal allowed the stay of demand and suspended the recovery process until the appeal was disposed of.