2013 (11) TMI 1151 - AT - Central Excise

Denial of cenvat credit on inputs - Duty demand on removal of finished goods from the factory - Storage without prior permission from the jurisdictional Commissioner Waiver of Pre-deposit Held that - Prima facie, the law obligating the manufacturer to pay duty of excise on finished goods removed from the factory and to reverse CENVAT credit on inputs removed as such from the factory is mandatory - the permission was sought but not acceded to - the appellant chose to remove the goods outside the factory premises, without even choosing to raise a grievance before the Chief Commissioner against the Commissioners decision on their request - the appellant-company cannot claim prima facie case against the penalties imposed on them - As regards duty, they need not pre-deposit it inasmuch as the goods on which the duty has been demanded is within the control of the department Pre-deposit of Rupess Fifty thousand ordered to be submitted upon such submission rest of the duty to be waived till the disposal - partial stay granted.

Issues:
1. Appellants seeking waiver and stay against dues adjudged.
2. Demand of duty, denial of CENVAT credit, and penalties imposed.
3. Removal of finished goods without payment of duty for storage.
4. Denial of CENVAT credit on inputs removed.
5. Lack of permission for removal of goods for storage outside the factory.
6. Prima facie case against penalties imposed.
7. Pre-deposit requirement for duty, CENVAT credit, and penalties.
8. Acceptance of pre-deposit offer for penalties.

Analysis:
1. The appellants filed applications seeking waiver and stay against the dues adjudged, including a demand of duty, denial of CENVAT credit, and penalties imposed. The demand of duty amounting to Rs.2,89,650/- was related to certain finished goods removed from the factory without payment of duty for storage, valued at Rs.5,80,627/-. Additionally, CENVAT credit of Rs.36,014/- was denied on inputs removed similarly, with equal amounts of penalties imposed. The Managing Director of the company was also aggrieved by a penalty of Rs.50,000/- imposed on him.

2. The law mandates the manufacturer to pay duty on finished goods removed from the factory and reverse CENVAT credit on inputs removed without permission. In this case, the permission to remove goods for storage outside the factory premises was not granted by the jurisdictional Commissioner. Despite this, the appellants chose to remove the goods without raising a grievance before the Chief Commissioner. The Tribunal found that the appellants cannot claim a prima facie case against the penalties imposed, considering the circumstances. However, the duty and CENVAT credit need not be pre-deposited as the goods and inputs are within departmental control.

3. The concession of not pre-depositing the duty and CENVAT credit does not extend to penalties. The market value of the confiscated goods was suggested as security for the penalties, but the Tribunal did not find this argument compelling. The learned counsel offered to pre-deposit Rs.50,000/- as a fair amount, which the Tribunal accepted. The assessee was directed to comply with the pre-deposit within six weeks, with a waiver of pre-deposit and stay of recovery granted for the remaining penalties imposed on the assessee and the penalty on their Managing Director.

This detailed analysis covers the issues raised in the judgment, outlining the reasons for the Tribunal's decision regarding the duty, CENVAT credit, and penalties imposed on the appellants.

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