2009 (1) TMI 729 - AT - Central Excise

Summary

Issues:
1. Stay petitions remanded by High Court for fresh orders on waiver application.
2. Shortage of raw material and finished goods, unaccounted cash, and private records found during visit.
3. Confirmation of demand, interest, and penalties by Commissioner for unaccounted production.
4. Financial hardship claimed by the appellant based on balance sheet and profit/loss account.
5. Prima facie view against appellant for waiver of dues based on findings.
6. Discrepancy in financial status assessment between appellant and Revenue.
7. Further deposit offered by appellant to show commitment.
8. Direction to deposit additional sum and waiver of balance amount of duty and penalties.

Analysis:
1. The High Court remanded the stay petitions for fresh orders on the waiver application due to the Tribunal's failure to consider the hardship factor adequately. The Court directed the Tribunal to provide reasons for their decision within a specified timeframe and ordered no recovery until a new decision was made.

2. During a visit, a significant shortage of raw material and finished goods was found, along with unaccounted cash and private records indicating potential irregularities. The Commissioner confirmed demand, interest, and penalties for unaccounted production based on these findings.

3. The appellant claimed financial hardship, presenting their balance sheet and profit/loss account. The appellant argued that their financial position was strained, citing fixed assets, inventory, debts, and deposits. However, the Revenue contended that the appellant's records might not reflect the true financial status due to alleged clandestine activities.

4. Despite the appellant's plea of financial hardship, the Tribunal held a prima facie view against them for waiver of dues based on the Commissioner's findings. The Tribunal considered the level of inventories, receivables, and deposits, concluding that the case did not demonstrate undue hardship and emphasized the need to safeguard the Revenue's interest.

5. The appellant, after consulting with their advocate, offered to make a further deposit as a show of commitment. Considering all circumstances, including the financial hardship claimed and the initial deposit made, the Tribunal directed the appellant to deposit an additional sum within a specified period. Upon compliance, the Tribunal waived the pre-deposit of the balance amount of duty and penalties, staying the recovery pending appeal disposal.