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2009 (3) TMI 740 - AT - Central Excise
Issues:
1. Challenge against pre-deposit of duty and penalty amounts. Analysis: The case involved a challenge against the pre-deposit of duty and penalty amounts. The applicant had cleared goods for home consumption but failed to pay the duty as required by Rule 8 of the Central Excise Rules, 2002. However, the goods cleared under the invoices in question were returned to the factory before the duty payment deadline. The Tribunal noted that the Rules mandated duty payment by the 5th of the succeeding month, but since the goods had been returned to the factory, there should be no duty liability. Additionally, even if there was a duty liability, the applicant could avail credit under Rule 16 of the Central Excise Rules, 2002. The Tribunal found that the applicants had established a prima facie case for the waiver of pre-deposit of the amounts. The Tribunal, after hearing both sides and examining the records, allowed the application for waiver of the pre-deposit of the duty and penalty amounts. It ordered the recovery to be stayed until the appeal was disposed of, prohibiting the Revenue from taking any coercive measures for recovery during this period. Importantly, the stay order was to remain in force even after the lapse of 180 days. The judgment emphasized that the appellant was entitled to credit under the relevant rules and that no duty liability existed due to the return of the goods to the factory before the payment deadline. The decision aimed to ensure fairness and prevent undue financial burden on the appellant during the appeal process. In conclusion, the Tribunal granted relief to the appellant by allowing the waiver of pre-deposit of duty and penalty amounts, emphasizing the provisions of the Central Excise Rules, 2002 regarding duty payment and credit availment. The judgment sought to uphold the principles of justice and fairness by staying the recovery process and preventing coercive measures by the Revenue until the appeal was finally decided, even beyond the initial 180-day period.
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