2011 (6) TMI 560 - AT - Central Excise

Waiver of pre-deposit - demand is confirmed in respect of Hydraulic Oil and Hadilin falling under Chapter 34 of the Central Excise Tariff. The Applicant availed credit in respect of the duty paid on these items as capital goods Held that - Hydraulic Oil and Hadilin which is a releasing agent used in the Die cannot be considered as part or accessory of the capital goods. Applicant is directed to deposit

Summary

Issues: Application for waiver of pre-deposit of duty and penalty for items under Chapter 34 of Central Excise Tariff.

Analysis:
The Applicant filed an Application seeking waiver of pre-deposit of duty and penalty amounting to Rs. 1,11,706.00 imposed on Hydraulic Oil and Hadilin under Chapter 34 of the Central Excise Tariff. The Adjudicating Authority confirmed the demand for several capital goods, but the Commissioner (Appeals) modified the Order, confirming the demand only for Hydraulic Oil and Hadilin. The Applicant argued that they had already deposited Rs. 16,885.00 during the Adjudication Proceedings and claimed that without these items, the Final Product cannot be manufactured, hence considering them as parts of capital goods eligible for credit.

The Revenue contended that the items in question are not specified goods and claimed that Hydraulic Oil and Hadilin are consumables, not parts of capital goods. The Tribunal analyzed the classification of the goods under Chapter 34 and determined that they are not specified goods. Additionally, it was found that Hydraulic Oil and Hadilin, being a releasing agent used in the Die, cannot be considered as parts or accessories of capital goods. Consequently, the Tribunal concluded that the Applicant failed to establish a case for a total waiver of the pre-deposit.

As a result, the Tribunal directed the Applicant to deposit an additional amount of Rs. 25,000.00 within four weeks, in addition to the amount already deposited. Upon compliance with this directive, the pre-deposit of the remaining duty and penalty amounts was waived, and the recovery of the same was stayed during the pendency of the Appeal. The Applicant was required to report compliance by a specified date.

In summary, the Tribunal found that the items in question did not qualify as parts or accessories of capital goods, leading to the decision to partially grant the waiver of pre-deposit subject to the additional deposit specified by the Tribunal.