2013 (11) TMI 1289 - AT - Central Excise

Clandestine manufacture and clearance of goods - Discrepancies in the stock of finished goods as also raw material - Waiver of Pre-deposit Held that - The details examination of the submissions made by both sides can be done only at the time of final disposal of the appeal - Prima facie the appellants has not be able to make out a prima facie case in their favour so as to dispense with the condition of pre-deposit of the entire dues - the deposit of Rs. 2.13 crores approximately made by the appellant assessee directed to deposit another Rupees four crores as pre-deposit Upon such submission rest of the duty to be waived till the disposal Partial stay granted.

Summary

Issues:
- Confirmation of duty against M/s. Raghuveer Metal Industries
- Imposition of penalty
- Allegations of clandestine manufacture and clearance
- Excess payment of royalty to Kamdhenu Ispat Ltd.
- Confiscation of currency during investigation
- Financial hardship plea

Confirmation of Duty and Penalties:
The judgment addresses the confirmation of duty amounting to Rs. 23,34,20,556 against M/s. Raghuveer Metal Industries (RMI) by the Commissioner, Central Excise. The duty confirmation is accompanied by the imposition of penalties of identical amounts on various applicants. The Tribunal considered the arguments presented by both sides regarding the alleged clandestine manufacture and clearance of TMT Bars under the brand name 'Kamdhenu'. The Revenue based its case on post-seizure investigation and scrutiny of documents, alleging excess production due to overpayment of royalty to Kamdhenu Ispat Ltd. The Tribunal examined the entries related to royalty payments and transporter booking registers to ascertain the basis for the duty confirmation.

Excess Payment of Royalty and Clandestine Activities:
The major part of the duty demand was linked to the alleged excess payment of royalty to Kamdhenu, leading to excess production not reflected in statutory records. The appellant argued that the Revenue misinterpreted the entries, explaining the payment process and maintaining that there was no discrepancy. Additionally, the duty amount was also confirmed based on rough entries in the transporter's booking register, which the appellant contended did not prove actual transportation of goods. The Tribunal analyzed the arguments, noting the lack of concrete evidence supporting clandestine activities apart from the disputed entries.

Financial Hardship and Confiscation of Currency:
During the proceedings, the appellant did not plead financial hardship, and the Tribunal observed that there was no justification for the confiscation of Indian currency amounting to approximately Rs. 89 lakhs. The appellant requested the confiscated amount to be considered a deposit towards the confirmed demand. However, the Tribunal ruled that the confiscated currency belonged to the exchequer. Despite the deposit of Rs. 2.13 crores by the appellant, the Tribunal directed an additional deposit of Rs. 4 crores within 12 weeks to hear the appeal and waived the pre-deposit of the remaining dues and penalties subject to compliance.

Conclusion:
The judgment by the Appellate Tribunal CESTAT NEW DELHI addressed the confirmation of duty against M/s. Raghuveer Metal Industries, penalties imposed, allegations of clandestine activities, excess payment of royalty to Kamdhenu Ispat Ltd., confiscation of currency during investigation, and the absence of financial hardship plea. The Tribunal analyzed the arguments, finding no prima facie case to unconditionally allow the stay petition, and directed the appellant to make an additional deposit of Rs. 4 crores within 12 weeks. Compliance was set to be reviewed on a specified date, and the pre-deposit of balance dues and penalties was waived pending the appeal's pendency.