2012 (6) TMI 276 - AT - Central Excise

Waiver of pre-deposit - whether debiting amount in the Cenvat Credit Account as pre-deposit cannot be accepted as a compliance with the condition of stay order Held that - in the case of Manak Moti Forgings (2010 (10) TMI 279 (Tri)) pre-deposit of duty amount by way of debit in the Cenvat Account is accepted as sufficient compliance with the provisions of Section 35F of the Central Excise Act, 1944. as the applicant has already paid the duty demand, pre-deposit of interest and penalty is waived and recovery thereof stayed. Commissioner (Appeals) has not decided the appeal on merits. Hence the impugned order is set aside and the matter is remanded to the Commissioner (Appeals). appeal is allowed by way of remand.

Summary

Issues:
Waiver of pre-deposit of duty, interpretation of Section 35F of the Central Excise Act, compliance with stay order, payment of duty from Cenvat Credit Account, decision based on previous Tribunal case.

Analysis:
The judgment involves the issue of waiver of pre-deposit of duty, where the applicant sought relief from the demand of duty, interest, and penalty confirmed by the adjudicating authority. The Commissioner (Appeals) directed the applicant to deposit a specific amount for hearing the appeal, which led to the dismissal of the appeal for non-compliance with the provisions of Section 35F of the Central Excise Act, 1944. The applicant contended that since the duty was already paid by debiting the Cenvat Credit Account, the pre-deposit of interest and penalty should be waived. The applicant relied on a previous Tribunal case to support their argument (Manak Moti Forgings Pvt. Ltd. vs. CCE, Aurangabad 2011(264) ELT 100 (Tri-Mumbai)).

The Tribunal analyzed the case and noted that the demand of duty was confirmed, and the duty was indeed paid from the Cenvat Credit Account, which is in line with the Cenvat Credit Rules. Referring to the decision in the case of Manak Moti Forgings, the Tribunal held that pre-deposit of duty amount through debit in the Cenvat Account constitutes sufficient compliance with the provisions of Section 35F of the Central Excise Act, 1944. Consequently, the Tribunal decided to waive the pre-deposit of interest and penalty and stayed the recovery. Additionally, the Tribunal observed that the Commissioner (Appeals) did not decide the appeal on merits, leading to the setting aside of the impugned order and remanding the matter back to the Commissioner (Appeals) for a decision on merits without requiring any further deposit and ensuring a fair hearing for the appellant.

In conclusion, the appeal was allowed by way of remand, highlighting the importance of compliance with statutory provisions, the interpretation of relevant laws, and the application of precedents in determining the outcome of the case.