2013 (11) TMI 1085 - AT - Central Excise

Denial of Cenvat credit Waiver of Pre-deposit Held that - The items were used in fabrication of supporting structure for various equipments and also for building storage tank used in the sugar factory Relying upon Saraswati Sugar Mills Vs. CCE, Delhi-III 2011 (8) TMI 4 - SUPREME COURT OF INDIA - The applicants directed to deposit Rupees thirty lakhs as pre-deposit upon such submission rest of the duty to be waived till the disposal Partial stay granted.

Summary

Issues:
1. Denial of Cenvat credit on structural items
2. Barred by limitation
3. Amount of predeposit and waiver

Analysis:

Issue 1: Denial of Cenvat credit on structural items
The dispute in this case revolves around the denial of Cenvat credit on structural items such as MS angles, plates, and channels used in the fabrication of supporting structures and storage tanks in a sugar factory. The applicants sought waiver of predeposit of duty amounting to Rs. 89,98,402/-, interest, and penalty. Reference was made to a Supreme Court judgment in the case of Saraswati Sugar Mills Vs. CCE, Delhi-III 2011 (270) ELT 465 (S.C), where the issue was decided against the applicants. The Tribunal considered this aspect while evaluating the case.

Issue 2: Barred by limitation
The advocate representing the applicants argued that the demand was partially barred by limitation, acknowledging that the normal period amounted to approximately Rs. 27 lakhs. This limitation aspect was crucial in determining the extent of liability imposed on the applicants and was a point of contention during the proceedings.

Issue 3: Amount of predeposit and waiver
After hearing both sides and examining the records, the Tribunal directed the applicants to deposit Rs. 30 lakhs within six weeks. Upon this deposit, the predeposit of the remaining duty, penalty, and interest would be waived until the appeal's disposal, with recovery stayed accordingly. The compliance deadline was set for 23.08.13, and the order was pronounced in open court, outlining the specific financial obligations and the corresponding waiver conditions for the applicants.

This comprehensive analysis covers the key issues addressed in the judgment, focusing on the denial of Cenvat credit, limitation concerns, and the specific directives regarding predeposit amounts and waivers provided by the Tribunal.