2006 (11) TMI 395 - AT - Central Excise

Summary

Issues:
1. Waiver of pre-deposit and stay of recovery of duty demanded.
2. Eligibility for exemption under Notifications No. 58/2000-Cus. and 37/2000-CE.
3. Interpretation of exemption Notifications.
4. Prima facie case for the appellants.
5. Requirement of ownership or lease basis for quarries.
6. Financial hardships plea.

Analysis:
The judgment by the Appellate Tribunal CESTAT, CHENNAI dealt with an application seeking waiver of pre-deposit and stay of recovery of duty amounting to Rs. 4,60,534 demanded from the appellants. The appellants, an EOU, imported capital goods for granite quarries under specific Notifications. The condition stipulated in the Notifications required the quarries to be in the name of the importer either on lease or ownership basis. However, it was found that the quarries declared by the appellants were owned by the State Government and held under lease by TAMIN without provision for sub-lease. Consequently, the original authority denied the exemption and imposed a penalty, which was later vacated by the first appellate authority. The Tribunal observed that the benefit of the Notifications could not be availed if the importer did not meet the ownership or lease requirement for the quarries, emphasizing strict interpretation of exemption Notifications.

The Tribunal analyzed the case law cited and highlighted the mandatory nature of the ownership or lease condition for quarries under the Notifications. It was concluded that the lower authorities correctly denied the benefit of the Notifications to the appellants due to non-compliance with the ownership or lease requirement. Despite the absence of a plea regarding financial hardships, the Tribunal directed the appellants to pre-deposit the entire duty amount within four weeks and report compliance by a specified date. The judgment underscored the importance of strict compliance with the conditions specified in exemption Notifications to avail of the benefits conferred, emphasizing the need for ownership or lease basis for quarries as a prerequisite for duty exemptions.