2013 (2) TMI 470 - AT - Central Excise

Stay petition - Waiver of pre-deposit of penalty - Rejection of rebate claim - Assessee are merchant exporters - Exported the goods which are purchased from M/s Metro Industries under duty paying documents - Assessee filed a rebate claim in respect of the exported goods - AO argued that assessee colluded with M/s. Metro Industries in falsifying and creating fictitious central excise invoices and ARE 1 - Held that - The applicants have colluded with M/s. Metro Industries but find no such evidence in the adjudication order against the applicants. In these circumstances, the pre-deposit of penalty is waived. Stay granted

Summary

Issues:
Waiver of pre-deposit of penalty for merchant exporters colluding with suppliers in falsifying central excise invoices and ARE 1 for duty evasion.

Analysis:
The judgment by the Appellate Tribunal CESTAT MUMBAI involved the consideration of applications for the waiver of pre-deposit of penalty by merchant exporters who were accused of colluding with their supplier, M/s. Metro Industries, in falsifying central excise invoices and ARE 1 documents for duty evasion. The applicants had initially filed a rebate claim for the exported goods, which was rejected by the adjudicating authority. Subsequently, they withdrew the rebate claim. The adjudicating authority imposed a penalty on the applicants based on the allegation of collusion with M/s. Metro Industries without concrete evidence on record to support this claim.

The Revenue supported the findings of the lower authorities, arguing that M/s. Metro Industries had availed credit for duty paid on inputs that were never received by them. These credits were then purportedly utilized for duty payment on goods exported by the applicants. The Revenue contended that since the exported goods did not correspond to those manufactured from the credited raw materials, the demand for penalty was justified.

Upon review, the Tribunal noted that although the adjudication order mentioned collusion between the applicants and M/s. Metro Industries, there was a lack of concrete evidence supporting this conclusion. In the absence of such evidence against the applicants, the Tribunal decided to waive the pre-deposit of penalty for the hearing of the appeals. Additionally, the recovery of the penalty was stayed, and the stay petitions filed by the applicants were allowed.

In conclusion, the Tribunal's decision to waive the pre-deposit of penalty and stay the recovery was based on the lack of substantial evidence linking the applicants to the alleged collusion with M/s. Metro Industries in falsifying documents for duty evasion. The judgment highlighted the importance of concrete evidence in establishing allegations of wrongdoing in cases involving duty evasion and collusion, ensuring fair treatment for the appellants in the appeal process.