2013 (11) TMI 1137 - AT - Central Excise

Inputs Purchased usable or not Scrap or not - Waiver of Pre-deposit - Assessee contended that no pilot trial was done by the department to come to a conclusion that the inputs supplied by M/s J.S. Traders were not usable Held that - The controversy shows that the matter needs indepth study on the basis of strength of evidence in the course of regular hearing - balance of convenience being tilting in favour of Revenue the appellants directed to deposit amount as pre-deposit upon such submission rest of the duty to be waived till the disposal Partial stay granted.

Summary

Issues:
- Feasibility of inputs purchased from M/s J.S. Traders for manufacturing ingots
- Lack of pilot trial by the department to determine usability of inputs
- Absence of confrontation of price difference table to the appellant for defense
- Insufficient evidence by Revenue to prove inputs were not scrap or rejects
- Disposal possibility of goods supplied by J.S. Traders to other entities
- Direction to appellant in SP No. 56069 and 56176 to deposit specified amounts
- Request by Shri Kackaria in stay applications for a specific hearing date

Analysis:
The judgment addressed the appellant's argument regarding the feasibility of inputs purchased from M/s J.S. Traders for manufacturing ingots. The appellant contended that no pilot trial was conducted by the department to ascertain the usability of the inputs. Additionally, the appellant raised concerns about not being confronted with the price difference table from the adjudication order for defense purposes. The lack of evidence on record by Revenue to establish that the inputs were not scrap or rejects was also highlighted.

Regarding the origin of the supplied materials, Revenue argued that J.S. Traders, located in Ludhiana, provided materials directly used by units manufacturing cycle parts and auto parts. Revenue asserted that prudent manufacturers would not purchase these inputs as scrap due to their direct usability. However, the possibility that the goods were disposed of elsewhere before reaching the appellant's factory, considering that scrap costs less than the claimed value of the purchased inputs, was also acknowledged.

The judgment emphasized the need for a thorough examination of the evidence during regular hearings due to the complexity of the matter. Despite this, the balance of convenience was deemed to favor Revenue. As a result, the appellant in SP No. 56069 was directed to deposit Rs. 25,00,000, while the appellant in SP No. 56176 was directed to deposit Rs. 20,00,000 within four weeks and comply by a specified date.

Furthermore, a mention was made of Shri Kackaria's request in stay applications for a specific hearing date, indicating that the stay applications where he was engaged would be heard on a particular date as per his request. The judgment concluded with the order being dictated and pronounced in open court, ensuring clarity and transparency in the legal proceedings.