2010 (6) TMI 692 - AT - Central Excise

Summary

Issues:
1. Whether the appellant can procure goods under Notification No. 43/2001 while working under an advance license scheme.

Analysis:
The appellant filed stay applications seeking waiver of pre-deposit of Central Excise duty, penalty, and interest under Section 11AB of the CE Act, 1944. The demands arose due to the appellant procuring items under Notification No. 43/2001-C.E. (N.T.). The lower authorities contended that the appellant could not have procured goods under this notification while operating under an advance license scheme.

The appellant's counsel argued that they had fully complied with the conditions of Notification No. 43/2001 and that these conditions did not prohibit them from importing or using duty-exempt goods under the advance license scheme. On the other hand, the Departmental Representative highlighted Clause-5 of the exemptions under the advance license scheme, which, according to them, barred an assessee from benefiting from the exemption under Rule 19(2) of the Central Excise Rules 2002 if operating under the advance license scheme. They pointed out that Notification No. 43/2001 was issued under Rule 19(2) of C.E. Rules 2002.

After considering both arguments and examining the records, the Tribunal found that the lower authorities had confirmed the demand for Central excise duty on goods procured under Notification No. 43/2001. However, the Tribunal noted that this notification did not contain any condition preventing the appellant from using the goods procured under it along with goods obtained under the advance license scheme. Consequently, the Tribunal concluded that the appellant had established a prima facie case for the waiver of pre-deposit of the amounts in question. As a result, the application for the waiver of pre-deposit was allowed, and the recovery of the amounts stayed pending the appeal's disposal.