2011 (10) TMI 361 - AT - Central Excise

Pre Deposit of penalty pending appeals - Excise officer visited factory and found Stock not accounted in RG-1 - Cenvat credit amounting to Rs 3,80,000 was found short - appellant paid sum during investigation - AO leveid Penalty - Held - Pre-deposit of penalty imposed on the appellant and the Managing Director is waived and recovery thereof is stayed till the disposal of the appeals.

Summary

Issues:
1. Confirmation of cenvat credit demand for shortage of Aluminium Scrap.
2. Imposition of penalties on the appellant and its Managing Director.
3. Adjudication of the show cause notice by the Addl. Commissioner.
4. Rejection of appeal by the Commissioner (Appeals) and subsequent filing of appeals with stay applications.

Analysis:

The case involved the appellants, manufacturers of Aluminium Ingots, who were found with unaccounted stock of Aluminium Skimming, Aluminium Patta, and Aluminium Dana during a visit by Central Excise Officers. A cenvat credit demand of Rs.3,80,000/- for the shortage of Aluminium Scrap was confirmed, leading to the appellant paying the amount during investigation. A show cause notice was then issued, resulting in the Addl. Commissioner adjudicating the matter through an Order-in-Original. The Order vacated the seizure of certain items but confirmed the cenvat credit demand and imposed penalties on the appellant and its Managing Director. Upon appeal to the Commissioner (Appeals), the appeal was rejected, prompting the filing of appeals along with stay applications.

During the hearing of the stay applications, both sides acknowledged that the disputed cenvat demand amount had been paid by the appellant as per the Order-in-Original. Consequently, the requirement of pre-deposit of penalties on the appellant and the Managing Director was waived, and the recovery of penalties was stayed until the appeals were disposed of. As a result, the stay applications were allowed, providing temporary relief to the appellant and its Managing Director pending the final resolution of the appeals.

In summary, the judgment addressed the confirmation of cenvat credit demand, imposition of penalties, adjudication process by the Addl. Commissioner, rejection of appeal by the Commissioner (Appeals), and the subsequent filing of appeals with stay applications. The decision to waive the pre-deposit of penalties and stay the recovery until the appeal's disposal showcased a fair approach to the case, ensuring due process and temporary relief for the appellants.