2011 (3) TMI 967 - AT - Central Excise

Waiver of pre-deposit - Cenvat credit - Appellant is engaged in the business of manufacture and clearance of cotton fabrics and man-made fabrics - They opted for availing benefit of notification Nos. 29/2004-CE as well as 30/2004-Central Excise, both dated 09.07.2004, during the period from July 2004 to May 2007 - the appellant has not been claiming cenvat credit of duty paid on inputs like dyes and chemicals, which are common inputs for duty paid and non-duty paid goods - Therefore, the credit taken by the appellants falls only in two categories, as far as the grey fabrics supplied by the principals - One category would be the one where no credit taken and goods are cleared without payment of duty - Another category would the one where cenvat credit is taken and goods are cleared on payment of duty - Since the lot number is not shown in the cenvat credit accounts, the problem has arisen - Nevertheless, once the input credit itself is not taken in the case of grey fabrics where finished fabrics are proposed to be cleared without payment of duty, the question of maintenance of separate accounts for cenvat credit, does not arise - Appellant has been able to make out a very strong prima facie case under these circumstances in their favour and therefore,consider it a fit case for waiver of pre-deposit and stay against recovery of the dues.

Summary

Issues:
1. Central Excise duty demand and penalty imposed on the appellants for not maintaining separate records of cenvat credit on inputs.
2. Appeal for waiver of pre-deposit of dues and stay against recovery of confirmed dues.

Analysis:

Issue 1: Central Excise duty demand and penalty
The case involved M/s. York Prints Pvt. Ltd., engaged in manufacturing and clearance of cotton and man-made fabrics, availing benefits under notification Nos. 29/2004-CE and 30/2004-Central Excise. The dispute arose as the appellants did not maintain separate records for cenvat credit on inputs during the period from July 2004 to May 2007. Consequently, a demand for Central Excise duty of Rs. 6,14,77,378 was confirmed, invoking the proviso to Section 11A of the Central Excise Act, 1944. Additionally, penalties equal to the duty amount were imposed on the appellants, including the Director. The issue revolved around the requirement to maintain distinct records for inputs used in goods subject to duty and those exempted, with the failure leading to the demand and penalties.

Issue 2: Appeal for waiver of pre-deposit and stay
The advocate for the appellants argued against the imposition of dues, stating that they did not avail cenvat credit on certain inputs like dyes and chemicals used in fabric processing. The appellants processed fabrics on a job work basis, either paying duty after availing credit or clearing goods without duty payment. The advocate highlighted misinterpretation of the Director's statement by the adjudicating authority, emphasizing the existence of lot numbers in invoices to distinguish duty paid and non-duty paid goods. The Tribunal noted that since no cenvat credit was claimed for certain goods, separate accounts for cenvat credit were unnecessary. The Tribunal found merit in the appellants' case, granting a waiver of pre-deposit and a stay against recovery of confirmed dues. The matter was remanded for fresh adjudication, considering the appellants' submissions and providing them with a fair opportunity to present their case.

In conclusion, the judgment addressed the issues of Central Excise duty demand, penalties, and the appeal for waiver comprehensively, emphasizing the importance of maintaining accurate records for cenvat credit and ensuring fair consideration of submissions during adjudication.