2006 (5) TMI 332 - AT - Central Excise

Summary

Issues:
1. Waiver of pre-deposit of duty and penalty amounts.
2. Allegations against the manufacturing unit and individuals for duty evasion.
3. Prima facie case analysis for waiver of pre-deposit.
4. Analysis of penalties imposed on individuals involved in the case.

Analysis:
1. The judgment pertains to applications for waiver of pre-deposit of duty and penalty amounts arising from an order of the Commissioner of Central Excise and Customs, Surat. The case involves M/s. Skyron Overseas, accused of diverting raw materials in the local market without carrying out manufacturing activities, evading Customs and Central Excise duties through fake invoices and documents. The individuals involved, including the Special Power of Attorney holder and the authorized signatory, are accused of engaging in a conspiracy to evade duty. The Tribunal directed pre-deposit of specific amounts towards duty and penalty, with consequences for non-compliance.

2. The Tribunal found that the manufacturing unit failed to establish a prima facie case for total waiver due to evidence of raw material diversion supported by statements and records. Specific pre-deposit amounts were mandated towards Customs and Central Excise duties. The Special Power of Attorney holder was directed to deposit a penalty amount for his involvement in the illicit activities, with a waiver of the balance penalty upon compliance. The authorized signatory was also directed to pre-deposit a penalty amount, with consequences for non-compliance.

3. Regarding the individuals arranging false advance licenses, the Tribunal found force in the argument that penalties were not warranted as they did not physically handle the goods in question. Citing precedents, the Tribunal waived pre-deposit of penalties imposed on these individuals, staying the recovery pending their appeals. Compliance reporting was set for a specific date.

This comprehensive analysis covers the issues of pre-deposit waiver, duty evasion allegations, prima facie case assessment, and penalty imposition in the legal judgment delivered by the Appellate Tribunal CESTAT, Mumbai.