2012 (4) TMI 571 - HC - Central Excise

Summary

Issues involved:
The issues involved in the judgment are the challenge to an interlocutory order passed by the Customs, Excise & Service Tax Appellate Tribunal, New Delhi regarding the payment of differential duty by a 100% Export Oriented Unit (EOU) at the time of debonding.

Details of the judgment:

Challenge to Interlocutory Order:
The petitioner, a 100% EOU engaged in the manufacture of cotton yarn and knitted fabrics for export, challenged the interlocutory order demanding a payment of differential duty of &8377; 6,61,96,227/- along with interest. The Tribunal directed the petitioner to deposit &8377; 2,00,00,000/- within eight weeks, with the balance amount of duty and interest waived until the disposal of the appeal.

Dispute over Duty Rate:
The dispute centered around the rate of duty payable on capital goods procured under the Export Promotion Capital Goods (EPCG) Scheme at the time of debonding. The Tribunal opined that the EPCG rate prescribed under Customs Notification No. 64/2008-Cus. could not be considered as a concessional rate of excise duty for indigenously manufactured goods. The Tribunal directed the petitioner to make the specified deposit, considering the absence of an Excise Exemption Notification for concessional rates.

Legal Submissions:
The petitioner's counsel argued that the demand was illegal as the Commissioner had initially demanded a lesser amount, and a show cause notice should not have been issued. The counsel contended that the demand was impermissible.

Court's Decision:
The High Court declined to interfere in the matter, noting that substantial relief had already been granted by the Tribunal. The Court found the Tribunal's order well-reasoned and upheld the direction for the petitioner to deposit the specified amount. Consequently, the writ petition and the Stay Application were dismissed.

In conclusion, the High Court upheld the Tribunal's decision regarding the payment of differential duty by the 100% EOU, emphasizing the absence of an Excise Exemption Notification for concessional rates under the EPCG Scheme.