2007 (4) TMI 740 - AT - Central Excise

Summary

Issues involved: Application for waiver of pre-deposit of duty, benefit of Notification No.63/95-CE denied, clarification on goods supplied to Ministry of Defence.

Summary:
The Appellate Tribunal CESTAT, New Delhi, heard an application for waiver of pre-deposit of duty amounting to Rs. 22.49 lakhs, where the applicant had already deposited Rs. 10 lakhs. The issue revolved around the denial of the benefit of Notification No.63/95-CE, which provides exemption for goods manufactured by M/s. Bharat Earth Movers Ltd. and supplied to the Ministry of Defence. The applicant contended that they supplied goods to BEML, which were further used in the manufacture of goods supplied to the Ministry of Defence, supported by invoices and certificates. The Tribunal found the evidence presented sufficient to waive the remaining amount of duty and penalties. However, as certain evidence was not before the lower authorities, the impugned order was set aside, and the matter was remanded for fresh decision after affording an opportunity of hearing to the appellant. The appeal was disposed of by way of remand.