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2013 (7) TMI 713 - AT - Central ExciseWaiver of pre-deposit Held that - It is admitted facts are that the applicants issued invoices on the strength of which credit has been availed without receiving the inputs, therefore, we find that it is not a case for total waiver of pre-deposit of the penalty Decided against the Assessee.
Issues:
Waiver of pre-deposit of penalty under Rule 26(2)(i) of the Central Excise Rules, 2002. Analysis: The judgment pertains to an application for the waiver of pre-deposit of a penalty of Rs.25 lakhs imposed under Rule 26(2)(i) of the Central Excise Rules, 2002. The penalty was imposed due to the issuance of duty paying invoices without actual supply of goods to M/s Arrow Engineers, resulting in M/s Arrow Engineers availing credit without receiving the inputs. M/s Arrow Engineers had approached the Settlement Commission and resolved the dispute by paying the appropriate duty and penalties. The applicant contended that since the dispute with M/s Arrow Engineers was settled by the Settlement Commission, the penalty imposed on them was not justifiable. The Tribunal, after considering the facts and circumstances of the case, found that the applicants had indeed issued invoices based on which credit was availed without the receipt of inputs. Consequently, the Tribunal ruled that it was not a case warranting a total waiver of the penalty. However, taking into account the specifics of the case, the Tribunal directed the applicants to deposit Rs.12,50,000 within eight weeks. Upon compliance with this directive, the pre-deposit of the remaining penalty was waived, and the recovery thereof was stayed during the pendency of the appeal. In conclusion, the judgment emphasizes the importance of adhering to the provisions of the Central Excise Rules and highlights the consequences of issuing duty paying invoices without actual supply of goods, leading to the availing of credit without receiving the inputs. The decision underscores the Tribunal's discretion in determining the appropriate amount for pre-deposit based on the facts and circumstances of each case, ensuring a balance between penalty imposition and waiver considerations.
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