2004 (12) TMI 559 - AT - Central Excise

Summary

Issues:
- Stay Order application against impugned order passed by Commissioner (Appeals) for duty demand and penalty on cleared inputs under Rule 57AB(1)(b) of Central Excise Rules.
- Dismissal of appeal for non-compliance of pre-deposit order by Commissioner (Appeals).
- Interpretation of the applicability of the amended provision 57AB(1)(b) in comparison to the earlier provision 57F(1)(ii) based on a decision by the Larger Bench.

Analysis:
The case involved an application for a Stay Order from implementing the impugned order passed by the Commissioner (Appeals) concerning duty demand and penalty on cleared inputs under Rule 57AB(1)(b) of Central Excise Rules. The appellants, engaged in manufacturing excisable goods, had cleared inputs valued at Rs. 92,50,085/- on reversal of equivalent credit taken. The Dy. Commissioner confirmed a duty demand of Rs. 1,33,340/- on the cleared inputs and imposed a penalty. The appellant's appeal before the Commissioner (Appeals) was dismissed for non-compliance with the pre-deposit order.

The appellant argued that a similar issue was decided in their favor by the same Commissioner for a different period, citing a decision by the Larger Bench in another case. The appellant contended that the Commissioner (Appeals) erroneously ordered pre-deposit despite valid grounds for success in the appeal. The ld. D.R. argued that the provision under consideration had been amended from 57F(1)(ii) to 57AB(1)(b), emphasizing differences in material implications. However, the Tribunal found no significant change regarding the removal of inputs on payment of duty, indicating that the decision by the Larger Bench remained valid.

The Tribunal opined that it was unfair for the Commissioner (Appeals) to insist on the pre-deposit order, especially considering the earlier appeal decision in favor of the appellant. Consequently, the Tribunal allowed the appeal, remanding the case to the Commissioner (Appeals) for disposal on merits without requiring the pre-deposit order. The appeal was disposed of, and the stay application was considered, with the judgment pronounced on 9-12-2004.