2013 (8) TMI 30 - AT - Central Excise

Stay Application Waiver of pre-deposit - Appellant had availed cenvat credit of the central excise duty paid on capital goods and also claimed exemption of the final products manufactured by them under specific notification - Appellant has reversed the entire cenvat credit taken on the capital goods Held that - Submissions raised by the appellant needs to be considered vis-a-vis the factual matrix and the clauses of the notification which was claimed by the appellant - Amounts reversed by the appellant are enough deposits to hear and dispose the appeals.

Summary

Issues:
Waiver of pre-deposit of cenvat credit amount, interest, and penalties.

Analysis:
The judgment pertains to two stay petitions seeking the waiver of pre-deposit of cenvat credit amount, interest, and penalties that were deemed ineligible by the lower authorities. The appellant had availed cenvat credit on central excise duty paid on capital goods and claimed exemption on final products under a specific notification. The revenue authorities contended that the credit on capital goods must be reversed for the exemption to be valid. The appellant reversed the entire cenvat credit on capital goods but contested the demand for interest and penalties. The appellant argued that as the credit was not utilized, interest should not be levied, and penalties should not apply as the amount was deposited before the show cause notice. The Tribunal acknowledged the legal submissions but deferred detailed consideration to the final disposal of the appeals. However, noting that the amounts already reversed by the appellant were sufficient to cover the necessary deposits, the Tribunal allowed the applications for the waiver of pre-deposit of the remaining amounts, staying recovery until the appeals are resolved. The judgment emphasizes the need to evaluate the legal contentions against the factual background and the relevant notification at the final disposal stage, indicating a balanced approach to the issue at hand.