2012 (6) TMI 174 - AT - Central Excise

Plea for waiver of pre-deposit - Bank Guarantee worth Rs 2.71 lacs executed against the duty liability of approximately Rs 10.84 lacs - Held that - Said amount is enough deposit to hear and dispose the appeal. Accordingly, application for waiver of the pre-deposit of the balance amounts involved is allowed and recovery thereof stayed till the disposal of appeal.

Summary

Issues:
1. Upholding demands based on cenvat credit from non-existent traders.
2. Stay of Tribunal's judgment by High Court.
3. Validity of Bank Guarantee for duty liability.

Analysis:
1. The appellate tribunal considered a case where the appellant had been taking cenvat credit on invoices from non-existent or fake traders. The first appellate authority upheld the demands confirmed by the adjudicating authority on this ground. The appellant sought a remand of the issue based on a previous decision involving M/s. Bhagwati Silk Mills. The tribunal noted the appellant's reliance on this previous case but found no representation from the appellant during the hearing of the stay petition.

2. The legal representative submitted that the judgment of the Tribunal in the case of M/s. Bhagvati Silk Mills, which was remanded back to the original adjudicating authority, had been stayed by the High Court of Gujarat. This stay order by the High Court was a significant factor affecting the proceedings and decisions in the current case.

3. After careful consideration of the submissions and records, the tribunal found that the appellant had already executed a Bank Guarantee worth Rs.2.71 lacs against a duty liability of approximately Rs.10.84 lacs, as directed by the first appellate authority. Despite no representation from the appellant regarding the validity of the Bank Guarantee, the tribunal presumed its validity and allowed the application for waiver of the pre-deposit of the balance amounts involved. The tribunal considered the deposited amount sufficient to hear and dispose of the appeal, thereby staying the recovery of the balance amount until the appeal's disposal. This decision was crucial in ensuring the appellant's ability to continue the appeal process without immediate financial burden.