2012 (7) TMI 1058 - HC - Central Excise

Summary

Issues involved: Discrepancy in the percentage of duty deposit ordered by the Tribunal compared to a similar case involving M/s. Supreme Glazes Private Ltd.

Summary:
The High Court of Gujarat heard arguments from both parties and proceeded with the case for final disposal. The petitioner contended that the Tribunal had ordered a higher percentage of duty deposit in their case compared to M/s. Supreme Glazes Private Ltd. where only 8% of the total duty was required to be deposited. The Tribunal's order in the M/s. Supreme Glazes case involved a demand for waiver of pre-deposit of a substantial amount confirmed as duty, interest, and penalties. The issue revolved around the demand of duty on the appellant due to under-valuation of finished goods 'Frit' and clandestine removal, along with exceeding the SSI exemption limit. The Tribunal directed the appellant to make a further pre-deposit of a specified amount within a set timeframe, with the balance amounts being waived subject to compliance. The High Court noted the discrepancy in the duty percentage demanded from the present petitioner compared to M/s. Supreme Glazes Private Ltd. and directed the petitioner to deposit a specific amount within a specified period, modifying the Tribunal's order accordingly. The petition was disposed of, and notice was discharged.