2013 (5) TMI 292 - AT - Central Excise

Job Work - Eligibility of Notification No.214/86-CE - denial of Cenvat credit imposition of penalty As per department the benefit of the - Held that -In Rayalseema Steel Re-Rolling Mills (P) Ltd 2013 (4) TMI 594 - CESTAT BANGALORE we had asked the appellant to pre-deposit 25% of the total amount of duty demanded. Accordingly, we direct the job worker before us to pre-deposit the with the lower appellate authority to enable it to dispose of their appeals on merits. Both the appellants shall pre-deposit the respective amounts within six weeks from today and report compliance to the Commissioner (Appeals) forthwith, whereupon the latter shall dispose of the appeals on merits without insisting on any further pre-deposit and in accordance with law, after giving the parties a reasonable opportunity of being heard. Both the appeals stand allowed by way of remand.

Issues:
1. Waiver and stay applications for adjudged dues.
2. Dispute regarding duty demand, confiscation of goods, and penalty.
3. Denial of CENVAT credit and imposition of penalty.
4. Interpretation of Notification No.214/86-CE.
5. Compliance with Section 35F of the Central Excise Act.
6. Pre-deposit requirements for appellants.
7. Refund claim for unutilized CENVAT credit.
8. Stay orders for job worker and raw material supplier.
9. Compliance timeline for pre-deposit amounts.

Analysis:
1. The appellants filed applications seeking waiver and stay for the adjudged dues. The Tribunal decided to dispose of the appeals after dispensing with pre-deposit, allowing the appeals to be taken up without delay.

2. The dispute revolved around duty demand, confiscation of goods, and penalties. The job worker contested a duty demand of Rs.4,31,392, while the raw material supplier challenged the denial of CENVAT credit and penalties imposed. The core issue was the absence of a factory for the raw material supplier, leading to the impugned demands.

3. Both parties had appealed to the Commissioner (Appeals) and applied for waiver under Section 35F of the Central Excise Act. However, their failure to pre-deposit 50% of the duty amounts within the stipulated time resulted in dismissal of their appeals. The present appeals were directed against the orders of the appellate Commissioner based on non-compliance with Section 35F.

4. The focus of debate centered on the interpretation of Notification No.214/86-CE. The appellants argued that the raw material supplier did not need to have a factory under the notification, contrary to the findings of the adjudicating authority. The Tribunal analyzed past decisions and found no explicit support for the appellants' stance, emphasizing the requirement for reasonable pre-deposits.

5. The Tribunal highlighted the necessity of compliance with Section 35F and the pre-deposit requirements for appellants to proceed with their appeals. The decision underscored the importance of adhering to statutory provisions for a fair adjudication process.

6. Regarding the CENVAT credit issue, the Tribunal acknowledged the refund claim for unutilized credit by the second appellant. While the refund claim was rejected earlier, the Tribunal considered the pending appeal and directed the appellants to pre-deposit the differential amount to enable further proceedings.

7. The Tribunal issued specific pre-deposit directives for both the job worker and the raw material supplier based on past stay orders and the merits of the respective cases. The compliance timeline for pre-deposit amounts was set at six weeks to ensure timely action and report to the Commissioner (Appeals).

8. Ultimately, the appeals were allowed by way of remand, and the stay applications were also granted. The decision aimed to facilitate a fair and comprehensive review of the issues raised by the parties, ensuring procedural compliance and substantive justice.

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