2008 (11) TMI 443 - AT - Central Excise

Stay/Dispensation of pre-deposit - Export Oriented Unit, 100% EOU - Demand - Natural justice - Cross-examination

Issues Involved:
1. Waiver of pre-deposit of duty and penalties.
2. Jurisdiction for demanding duty from the consignee.
3. Validity of re-warehousing certificates and associated signatures.
4. Denial of natural justice due to refusal of cross-examination.
5. Financial hardship as a ground for waiver of pre-deposit.
6. Liability of directors and other parties involved.
7. Penalty on corporate bodies and other entities.

Detailed Analysis:

1. Waiver of Pre-Deposit of Duty and Penalties:
Eighteen stay applications were filed seeking waiver of pre-deposit of duty amounting to Rs. 33,09,14,854/- imposed on M/s. SIPL along with an equal amount of penalty and additional penalties on various directors and associated parties. The Tribunal directed M/s. SIPL to deposit Rs. 15 crores within eight weeks, granting waiver for the remaining amount and penalties on compliance.

2. Jurisdiction for Demanding Duty from the Consignee:
M/s. SIPL argued that duty should be demanded from the consignor, not the consignee, if goods were not re-warehoused. The Tribunal found sufficient evidence, such as CT-3 certificates, payments, and re-warehousing certificates, indicating that goods were received by M/s. SIPL. Thus, the duty liability was affirmed on M/s. SIPL, rejecting the plea of lack of jurisdiction.

3. Validity of Re-Warehousing Certificates and Associated Signatures:
M/s. SIPL contended that re-warehousing certificates were signed by officers in their personal capacity. However, the Tribunal noted that payments were made for goods against CT-3 certificates and re-warehousing certificates were signed by authorized officers, establishing M/s. SIPL's responsibility for duty payment.

4. Denial of Natural Justice Due to Refusal of Cross-Examination:
M/s. SIPL claimed denial of natural justice as cross-examination requests were refused. The Tribunal found the requests routine and unspecified, noting that the Development Commissioner confirmed non-fulfillment of export obligations, justifying duty demand without cross-examination.

5. Financial Hardship as a Ground for Waiver of Pre-Deposit:
M/s. SIPL pleaded financial hardship, presenting evidence of asset seizure and application rejection by the Debt Recovery Tribunal. The Tribunal found the hardship claims unconvincing, noting that assets belonged to M/s. Sonu Synthetics Ltd., not M/s. SIPL, and the application was rejected due to M/s. SIPL's own misdeeds.

6. Liability of Directors and Other Parties Involved:
Penalties were imposed on various directors and parties associated with M/s. SIPL. The Tribunal found that directors were liable for actions during their tenure and rejected arguments that they were not responsible for employees' illegal acts. Specific penalties were upheld against directors and other involved parties.

7. Penalty on Corporate Bodies and Other Entities:
The Tribunal addressed penalties on corporate bodies and entities like M/s. Sonu Synfab Pvt. Ltd., M/s. Sudarshan Texport Pvt. Ltd., and others. It held that corporate bodies could be penalized for dealing with goods liable to confiscation, directing pre-deposit of 25% of penalties imposed on each applicant within eight weeks.

Conclusion:
The Tribunal's judgment involved a detailed examination of duty liability, jurisdiction, validity of certificates, denial of natural justice, financial hardship, and penalties on directors and entities. M/s. SIPL was directed to deposit Rs. 15 crores, with conditional waivers granted, and penalties on other entities were upheld with directions for partial pre-deposit.

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