2004 (12) TMI 547 - AT - Central Excise

Summary

Issues:
1. Pre-deposit requirement for hearing the appeal.
2. Discrepancy in charging duty based on job work charges versus the value of goods assessed at the sale price of the supplier of raw materials.
3. Commissioner's decision based on the judgment of the Larger Bench and the Gujarat High Court.
4. Financial hardship plea by the appellants.

Analysis:

1. The appellants were required to pre-deposit a substantial duty amount and penalty for the appeal hearing. The Sr. Advocate argued based on job work charges, following a Larger Bench judgment. The department, however, charged duty based on the sale price of the raw material supplier. The Commissioner distinguished the Larger Bench judgment citing a Gujarat High Court case. The Tribunal found the issue in favor of the appellants, granting a waiver of pre-deposit and staying recovery unconditionally.

2. The Commissioner's decision to charge duty based on the supplier's sale price was challenged by the appellants, citing the binding nature of the Larger Bench judgment. The Tribunal agreed with the appellants, finding merit in their case and granting a full waiver of pre-deposit due to the strong grounds presented in the appeal.

3. The learned SDR supported the Commissioner's decision, emphasizing the reasons given and the support from the Gujarat High Court judgment. However, the Tribunal found that the appellants had a strong case on merits, especially in light of the Larger Bench judgment, and granted the waiver of pre-deposit unconditionally.

4. Despite the absence of a financial hardship plea from the appellants, the Tribunal considered the merits of the case paramount. The Tribunal allowed the stay application, waived the pre-deposit, and scheduled the appeal for a final hearing on a specified date, acknowledging the substantial amounts involved and granting an out-of-turn hearing as requested by both parties.