2010 (1) TMI 1062 - AT - Central Excise

Summary

Issues:
- Demand of duty amount on electrically operated cranes and spares under an exemption claim
- Imposition of interest and penalty under Sec. 11AC of the Central Excise Act, 1944
- Eligibility of the appellants for exemption under Notification No. 3/2004-C.E.
- Interpretation of the Notification in relation to the machinery used

Analysis:
The judgment pertains to a case where a duty amount of Rs. 2,77,378/- was demanded on electrically operated cranes and spares cleared by the appellants under a claim for exemption of excise duty under Exemption Notification No. 3/2004-C.E. The appellants argued that they were eligible for the benefit of the Notification based on a certificate issued by the District Collector. However, the Tribunal found that the cranes were used for setting up a power plant and water carrier system, which did not involve processing water as required by the Notification for exemption. The Tribunal noted that the appellants failed to establish a prima facie case for exemption under the Notification due to the lack of water processing involved in their operations.

Regarding the penalty imposed under Sec. 11AC of the Central Excise Act, 1944, the Tribunal considered the appellants' plea that they were a sick company and unable to deposit the full amount. Given the complexity of interpreting the law and the Notification, the Tribunal decided that a pre-deposit of Rs. 1.5 lakhs by the appellants would be sufficient, and the requirement to deposit the balance amount was waived. A stay against the recovery of the balance amount of duty and penalty was granted during the appeal's pendency, considering the circumstances and the interpretation of the law involved in the case.

In conclusion, the Tribunal found that the appellants did not meet the requirements for exemption under the Notification due to the nature of their operations. However, considering the appellants' financial situation and the legal complexities involved, a partial pre-deposit was deemed sufficient, and a stay on the recovery of the balance amount of duty and penalty was granted pending the appeal.