2013 (8) TMI 311 - AT - Central Excise

Waiver of pre-deposit Held that - Applicant was availing the credit in respect of capital goods, without mentioning items in the monthly returns. In view of the facts and circumstances of the case, the applicant has not made out a case for total waiver of duty. The applicant is directed to deposit an amount of Rs.4 lakhs (Rupees Four lakhs only) within a period of six weeks. Cenvat credit in respect of S.S. sheets, Plates, Joists, Channels, Coils, M.S. Angles, H.R. Coils, M.S. Plates, Flanges etc - Items are used in fabrication of storage tank and also in respect of supporting structure and platforms Held that - The use of individual items in the manufacture of capital goods will be gone into detail at the time of regular hearing.

Summary

Issues:
1. Application for waiver of pre-deposit of duty, interest, and penalty.
2. Eligibility of credit under CENVAT Credit Rules for certain items.
3. Financial hardship claimed by the applicant.
4. Time-barred demand due to regular filing of monthly returns.

Analysis:
1. The applicant filed an application seeking a waiver of pre-deposit of duty amounting to Rs.16,48,118/-, interest, and penalty. The demand arose from the denial of credit for various items like S.S. sheets, Plates, Joists, Channels, Coils, M.S. Angles, H.R. Coils, M.S. Plates, Flanges, etc., which the applicant had availed as capital goods under the CENVAT Credit Rules.

2. The applicant contended that the items in question were used in the fabrication of storage tanks and supporting structures/platforms. However, during the proceedings, it was revealed that certain items like channels were not utilized in the fabrication of storage tanks. Consequently, the Tribunal found that the applicant had not sufficiently demonstrated a case for a complete waiver of duty on items used for supporting structures and platforms. The applicant's financial hardship plea was considered, but based on the facts presented, the Tribunal directed a deposit of Rs.4 lakhs within six weeks, with the balance amount subject to waiver during the appeal's pendency.

3. It was observed that the applicant had been availing credit for capital goods without specifying the items in the monthly returns. Despite the applicant's argument regarding the time-barred demand due to regular monthly return filings, the Tribunal concluded that the applicant failed to establish grounds for a total waiver of duty. As a result, the applicant was instructed to make the specified deposit within the given timeframe, with the recovery of the remaining balance stayed pending the appeal process.

This judgment highlights the importance of substantiating claims for duty waivers, the necessity of accurate reporting in monthly returns, and the Tribunal's discretion in balancing financial hardship with compliance requirements under the CENVAT Credit Rules.