2011 (7) TMI 1156 - AT - Central Excise

Summary

Issues:
Waiver of pre-deposit of penalty under Rule 27 of Central Excise Rules, 2002.

The judgment pertains to a Stay Petition filed for the waiver of pre-deposit of a penalty amount imposed by the adjudicating authority under Rule 27 of the Central Excise Rules, 2002. After hearing both sides and reviewing the records, the Tribunal found that the penalty was imposed on the appellant for discrepancies related to ARE-3s without proof of export being shown. Although the Revenue contended that no rewarehousing certificates for the ARE-3s were provided, the adjudicating authority acknowledged the re-conciliation of the ARE-3s, resulting in no demand for duty. However, a penalty was still imposed. The Tribunal noted that the imposition of penalty based on the quantification of ARE-3s was unwarranted as Rule 27 allows for a general penalty of Rs. 5,000 only. Consequently, the Tribunal held that the appellant had established a prima facie case for the waiver of the pre-deposit of the penalty. Therefore, the application for waiver was granted, and recovery of the penalty amount was stayed pending the appeal's disposal.

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