2011 (6) TMI 760 - AT - Central Excise

Pre-deposit - availing of inadmissible input service credit on the service of cost service charges incurred by the dealers on behalf of the appellant - the applicant submits that on identical issue Commissioner, Nashik have also issued SCN to the applicants and the demand was dropped in that case - Held that - Considering the fact that the Commissioner, Nashik has dropped the proceedings on identical issue, therefore, we find that it is a fit case for grant of unconditional waiver to the applicant - pre-deposit waived - decided in favor of assessee.

Summary

Issues:
1. Waiver of pre-deposit of duty demand, interest, and penalty under Section 11AC of the Central Excise Act, 1944 based on availing inadmissible input service credit.
2. Discrepancy in views between Commissioners of Nashik and Mumbai regarding the issue.
3. Appeal filed by revenue against the order of Commissioner, Nashik.

Analysis:
1. The judgment deals with the issue of waiver of pre-deposit of duty demand, interest, and penalty under Section 11AC of the Central Excise Act, 1944. The applicants sought waiver amounting to &8377; 1,55,36,602, claiming that they had availed inadmissible input service credit on service charges incurred by dealers on their behalf. The advocate for the applicant argued that since the Commissioner of Nashik had dropped similar proceedings, the applicants deserved unconditional waiver. The Tribunal, after considering this fact, granted the waiver and stayed the demand during the appeal's pendency.

2. Another issue addressed in the judgment is the discrepancy in views between the Commissioners of Nashik and Mumbai regarding the same issue. The advocate highlighted that show-cause notices were issued by both Commissioners, with Nashik dropping the proceedings while Mumbai continued. The Tribunal acknowledged this discrepancy and concluded that since the Commissioner of Nashik had already dropped the proceedings, the applicants deserved the waiver. This discrepancy played a crucial role in the Tribunal's decision to grant unconditional waiver to the applicants.

3. Additionally, the judgment mentions an appeal filed by the revenue against the order of the Commissioner of Nashik. The advocate requested that both appeals be listed together for final hearing. The Tribunal directed the Registry to tag the revenue's appeal with the current appeal for final hearing, indicating a procedural step to ensure a comprehensive and cohesive resolution of the related matters in a consolidated manner. This step highlights the Tribunal's commitment to efficient case management and judicial process.