2011 (11) TMI 138 - AT - Central Excise

Appeal rejected on the ground of failure of assessee to pre-deposit the duty ordered in terms of Stay Order passed by the Commissioner (Appeals) Held that - The matter is remanded to Commissioner (Appeals) who shall decide the issue involved on merit after giving reasonable opportunity to the appellant to present their case without insisting on any pre-deposit.

Summary

Issues involved:
1. Requirement of depositing duty ordered by Commissioner (Appeals).
2. Denial of CENVAT Credit on inputs used in manufacturing finished goods.
3. Consideration of judicial decisions and law in granting stay.

Issue 1: Requirement of depositing duty ordered by Commissioner (Appeals
The appellant's appeals were rejected for failing to deposit 50% of the duty ordered by the Commissioner (Appeals) in a Stay Order. The main issue was whether the appellant was obligated to make this deposit. The Tribunal found that the appellant had a prima facie case in their favor and decided to waive the pre-deposit requirement after hearing arguments from both sides. The Tribunal proceeded to take up the appeals with the consent of both parties, indicating a fair consideration of the circumstances.

Issue 2: Denial of CENVAT Credit on inputs used in manufacturing finished goods
The appellant was engaged in manufacturing both on their account and on a job work basis. The Department sought to demand CENVAT Credit taken on inputs used in manufacturing finished goods on the grounds that the finished goods were exempted. The appellant's counsel argued that several Tribunal decisions supported the appellant's position, emphasizing that credit cannot be denied in such cases. Reference was made to a decision of the Hon'ble High Court, which further strengthened the appellant's argument. The Commissioner (Appeals) had noted that a previous decision was accepted due to a low amount of duty involved, but the appellant's counsel contended that lower authorities are bound by higher judicial forums' decisions. The Tribunal agreed with the appellant's counsel, stressing that the Commissioner should have granted the stay and considered the issue on merit, especially considering the precedent judicial decisions and law.

Issue 3: Consideration of judicial decisions and law in granting stay
The Tribunal deemed it appropriate to remand the matter to the Commissioner (Appeals) for a decision on the issue involved on merit. The Commissioner was instructed to provide a reasonable opportunity for the appellant to present their case without requiring any pre-deposit. This decision was based on the principle that, for the purpose of granting a stay, the focus should be on whether the appellant has established a prima facie case. The Tribunal emphasized the importance of considering precedent judicial decisions and legal provisions in such matters, highlighting the need for a fair and thorough examination of the case.

This detailed analysis of the judgment provides a comprehensive overview of the issues involved and the Tribunal's reasoning in addressing each of them.