2011 (5) TMI 740 - AT - Central Excise

Waiver of predeposit - demand on the ground that the benefit of exemption in terms of Notification No. 3/04 is not available to cement cleared for the purpose of setting up of water supply plants Held that - specified authority under the notification has issued a certificate that the goods are cleared for the intended use namely, setting up of water supply plant is not sufficient to hold that cement is prima facie covered by the exemption, predeposit of the entire duty amount directed

Summary

The Appellate Tribunal CESTAT, Chennai heard an application for waiver of predeposit of excise duty of Rs. 9,02,280 confirmed against cement manufacturers. The Tribunal found no prima facie case for waiver as the exemption under Notification No. 3/04 does not cover cement cleared for setting up water supply plants. The Tribunal directed predeposit of the entire duty amount within eight weeks, with interest and penalty amounts waived upon deposit. Failure to comply would result in vacation of stay and dismissal of the appeal. Compliance to be reported on 8th August, 2011.