2012 (7) TMI 891 - HC - Central Excise

Summary

Issues involved:
The issue involved in this case is whether the CESTAT, while allowing the appeals and restoring the matter for fresh adjudication, was justified in directing the appellants to deposit a part of the duty confirmed by the Orders-in-Original.

Summary:
The appellants claimed to have received duty paid grey fabrics as inputs and used them in the manufacture of processed fabrics for export. They took credit of the duty paid on grey fabrics based on invoices issued by various parties. The Commissioner disallowed the credit to a certain extent and confirmed the duty demand with interest and penalty. The Tribunal directed the appellants to deposit part of the demand confirmed by the adjudicating authority. The Tribunal's reasons for directing pre-deposit were found to be contradictory. While the Tribunal noted the appellants' failure to produce evidence regarding the existence of the supplying firms, it also acknowledged that the appellants had no opportunity to present their case before the adjudicating authority. Consequently, the Tribunal's decision to require a deposit was deemed inappropriate. The impugned orders directing the appellants to deposit part of the demand were quashed, and the adjudicating authority was instructed to conduct a fresh adjudication without insisting on any pre-deposit. Both appeals were allowed with no order as to costs.