2013 (11) TMI 1188 - AT - Central Excise

Waiver of Pre-deposit of Penalty under Rule 26 of Central Excise Rules 2002 - Passing on in-eligible CENVAT Credit to customers without dispatching the inputs Held that - The provisions of imposition of penalty under Erstwhile FERA now FEMA such act and the Central Excise Act are prima facie, not pari material - The dispute of penalty on the appellant needs to be gone into deep - the main appellant needs to be put to some condition to hear and dispose the appeals Appellant is directed to deposit an amount of Rupees Fifty Thousands as pre-deposit upon such submission rest of the duty to be waived till the disposal Partial stay granted.

Summary

Issues involved:
1. Stay petitions for waiver of pre-deposit of penalties imposed under Rule 26 of Central Excise Rules, 2002.
2. Consideration of legal questions raised regarding penalties imposed on appellants.
3. Dispute on penalty imposition between the main appellant partnership firm and its partners.
4. Interpretation of the judgment of the Hon'ble Supreme Court in Agarwal Trading Corpon & others 1983 regarding firm and partners' liability for penalties.
5. Direction for the main appellant to deposit a specified amount and compliance reporting.

Analysis:
1. The Stay Petitions were filed seeking waiver of pre-deposit of penalties imposed on the appellants for violating Rule 26 of Central Excise Rules, 2002. The penalties were imposed for facilitating the passing of ineligible CENVAT Credit to customers without dispatching inputs. Legal questions raised by the counsel required in-depth consideration, citing judgments from different High Courts. The issue of penalty on the main appellant partnership firm, M/s Silver Line Metals, was highlighted, emphasizing the non-necessity of imposing penalties on partners as per legal precedents.

2. The Departmental Representative relied on the judgment of the Hon'ble Supreme Court in the case of Agarwal Trading Corpon & others 1983 to argue for separate consideration of penalties for the firm and its partners. However, the presiding judge noted that the said judgment pertained to a different act and the provisions for penalty imposition under the Central Excise Act were not directly comparable, indicating a need for a distinct analysis.

3. The presiding judge emphasized the importance of delving deeper into the penalty dispute concerning the main appellant, M/s Silver Line Metals. A directive was issued for the appellant to deposit a specific amount within a stipulated timeframe and report compliance. The compliance reporting would lead to further consideration and an appropriate order by the Bench, allowing for the waiver of pre-deposit of the remaining amounts pending the appeal's disposal.

4. Additionally, the issue connected to the credit availed by another entity, M/s Ganga Jamuna Metals, was raised during the proceedings. The counsel requested for the present appeal and the related appeal to be listed together for final disposal. The presiding judge agreed to this request, directing the Registry to connect the appeals and schedule them for joint consideration and final disposal in the future.

This detailed analysis of the judgment from the Appellate Tribunal CESTAT AHMEDABAD provides a comprehensive overview of the legal issues, arguments presented, and the directives issued by the presiding judge, ensuring a thorough understanding of the case's intricacies and the decisions made.