2010 (1) TMI 1013 - AT - Central Excise

Summary

Issues:
Stay applications for waiver of pre-deposit of duty and penalty amounts in two cases.

Analysis:
In the present case, the appellant, the son of the late Proprietor of M/s. D&M Naturals & Fragrances, is seeking waiver of pre-deposit of duty and penalty amounts in two cases. The Tribunal had previously remanded the matter to the Commissioner (Appeals) with directions stating that the appellant, who succeeded his late father's business, cannot be directed to pay the demanded amounts for an earlier period. The Tribunal allowed the stay application, setting aside the impugned orders and remanding the matter to the Commissioner (Appeals) to decide on merits within four months. In the subsequent proceedings, the Commissioner (Appeals) failed to consider the Tribunal's view that the demands cannot be imposed on the appellant. The appellant's counsel argued that the show cause notice issued in 2007 for the period 2001-02 cannot extend the duty liability beyond 5 years as per the Central Excise Act, 1944. It was also contended that the appellant cannot be held liable for the proprietary firm's debts prior to his succession. The appellant established a prima facie case for the waiver of pre-deposit, as confirmed by the Commissioner (Appeals), leading to the allowance of the applications and stay of recovery until the appeal's disposal.