2009 (5) TMI 770 - AT - Central Excise

Summary

Issues involved: Entitlement of ductile iron spun pipes under various Central Excise Notifications.

Summary:
The issue in this case pertains to the entitlement of ductile iron spun pipes manufactured and cleared by the appellants under Notification Nos. 6/2002-C.E., 3/2004-C.E., and 6/2006-C.E. The Revenue contended that exemption for the pipes would be limited up to the first storage point and only for new plants, not for replacement. The appellants relied on a Board's Circular dated 14-3-2008, which clarified that the exemption also applies to pipes required for replacement, not just for initial setup. The Adjudicating Authority, despite referencing this Circular, decided against the appellants. The appellants cited Tribunal decisions in their favor and argued for waiver of pre-deposit based on merit and the Circular's support.

Upon careful consideration, the Tribunal found in favor of the appellants, noting that previous Tribunal decisions and the Board's Circular supported their position. As a result, the Tribunal ordered the waiver of the entire pre-deposit amount demanded in the impugned order until the appeal's disposal. The revenue was prohibited from taking coercive action even after the stay order's expiry. The appeal was scheduled for a hearing on 9th July 2009, considering the significant amount involved. The Miscellaneous Application was also disposed of as infructuous.