2013 (11) TMI 1203 - AT - Central Excise

Availment of ineligible cenvat credit Waiver of Pre-deposit Held that - All the evidences which have been relied upon by the counsel need to be appreciated by the first appellate authority and can be done by him only when he takes up appeal for disposal on merits - the appellants need to be put to condition for hearing and disposing the appeal by the first appellate authority there are findings which are against the claim of appellant - appellant is directed to deposit an amount of Rs.10 lakhs as pre-deposit upon such submission rest of the duty to be stayed Appeals are allowed by way of remand as indicated - stay granted.

Summary

Issues:
Stay petitions for waiver of pre-deposit of duty liability, interest, and penalty; Dismissal of appeal by first appellate authority for non-compliance of stay deposit order; Availment of ineligible cenvat credit without receipt of inputs; Tribunal's role in case of non-compliance; Direction for deposit and disposal of appeals.

Analysis:
The judgment pertains to stay petitions seeking the waiver of pre-deposit of duty liability, interest, and penalty. The first appellate authority had dismissed the appeal due to non-compliance with the stay deposit order. The issue revolved around the availment of ineligible cenvat credit without receipt of inputs. The appellant argued that the evidence against them was insufficient, and they had utilized the inputs for manufacturing final products. The Bench noted a precedent where 25% of the confirmed cenvat credit demand was considered sufficient for appeal consideration.

The Learned D.R. reiterated the findings of the lower authorities. However, the Tribunal was constrained from delving into the case's merits as the first appellate authority had dismissed the appeal solely due to non-compliance. The evidences presented needed to be reviewed by the first appellate authority for a fair assessment. Consequently, the main appellant was directed to deposit Rs.10 lakhs within eight weeks and report compliance to the Commissioner (Appeals) by a specified date. Upon compliance verification, the Commissioner (Appeals) was tasked with restoring and disposing of the appeals following natural justice principles.

In conclusion, the appeals were allowed for remand, highlighting the importance of compliance with directives and the subsequent review of evidence by the appellate authority for a fair adjudication.