2008 (6) TMI 538 - AT - Central Excise

Dispensation of pre-deposit - Demand - Limitation - Manufacture - Proceedings - Stay application allowed granting waiver of pre-deposit and staying its recovery.

Summary

Issues:
1. Pre-deposit requirement based on invoice details.
2. Allegation of manufacturing capital goods.
3. Contesting the case on merits and time-bar.
4. Verification of facilities for manufacturing.
5. Validity of show cause notice and time-barred demands.
6. Granting waiver of pre-deposit and stay of recovery.

Analysis:
1. The appellant was required to pre-deposit a specific amount along with penalty based on details from a particular invoice. The revenue alleged that the appellant had manufactured bakery machineries classified under a specific chapter of the Central Excise Tariff based on the invoice entry mentioning "sub-assembly." However, the appellant argued that they did not have the facility to manufacture capital goods and that the incorrect entry was a mistake, which they corrected and informed the department about. The authorities relied solely on the invoice entry and did not find evidence of trading activity from the appellant's premises.

2. The appellant's representative contested the case on both merits and time-bar grounds. They pointed out that the invoice was dated before the issuance of the show cause notice, arguing that there was no suppression of facts and thus the demands were time-barred. The representative also highlighted the lack of verification by the department regarding the appellant's manufacturing facilities for the alleged capital goods. The department failed to establish its case against the appellant.

3. The learned SDR defended the order, emphasizing the invoice entry indicating "sub-assembly" as evidence of manufacturing capital goods. However, upon careful consideration, the Tribunal found merit in the appellant's submission. It was noted that the department should have verified the appellant's manufacturing facilities through personal inspection. The Tribunal acknowledged the appellant's claim of an error in the invoice entry and granted waiver of pre-deposit, staying the recovery process. The Tribunal deemed the show cause notice time-barred and allowed the stay application, mentioning that there should be no recovery even after the expiry of the stay order.

4. The Tribunal concluded by stating that the matter pertained to a Single Member Bench and should be listed before the appropriate bench in due course. The stay application was ultimately allowed, providing relief to the appellant in terms of pre-deposit and recovery of the disputed amount.