2008 (1) TMI 751 - AT - Central Excise

Summary

Issues:
1. Stay petitions filed against the order-in-appeal dated 29-8-2007.
2. Assessment of lamps cleared to institutional buyers under Section 4A or Section 4 of the Central Excise Act, 1944.

Analysis:
1. The stay petitions were filed against the order-in-appeal dated 29-8-2007, where the Commissioner (Appeals) rejected the appeals and upheld the orders-in-original confirming duty amounts and penalties. The issue being common, both petitions were taken up together for disposal.

2. The case involved the assessment of lamps cleared to institutional buyers under Section 4A or Section 4 of the Central Excise Act, 1944. The appellant, a manufacturer of lamps, argued that the goods satisfied the criteria laid down by the Supreme Court in the case of Jayanti Food Processing (P) Ltd. v. CCE. The Supreme Court held that goods falling under Section 4A should be excisable, sold in packages with a requirement to declare retail price, specified by the Central Government, and valued based on declared retail sale price less abatement. The Tribunal found that the appellants met these criteria, indicating correct assessability under Section 4A.

3. Considering the Supreme Court's criteria, the Tribunal found that the appellants had a strong case for total waiver of pre-deposit of duties and penalties. Therefore, the Tribunal dispensed with the pre-deposit and stayed the recoveries pending disposal of the appeals.

This detailed analysis of the judgment highlights the issues involved, the legal arguments presented, and the Tribunal's decision based on the applicable legal principles and precedents.