2013 (12) TMI 581 - AT - Central Excise

Notification No.94/1996 - Cenvat credit of the CVD - Provisions of Rule 16 of the Central Excise Rules, 2002 -Waiver of Pre-deposit Held that - The categorically provide for availment of such cenvat credit by an assessee - the appellate authority seems to have not considered these provisions Following M/s. Alembic Pharmaceuticals Ltd. Versus CCE 2013 (12) TMI 334 - CESTAT AHMEDABAD - unconditional waiver to the assessee granted till the disposal Decided in favour of Assessee.

Summary

Issues:
Waiver of pre-deposit of amount, interest, and penalty imposed by adjudicating authority.

Analysis:
The appellant filed a stay petition seeking the waiver of pre-deposit of an amount, interest, and penalty imposed by the adjudicating authority and upheld by the first appellate authority. The adjudicating authority confirmed the amounts due to the appellant availing cenvat credit on machines re-imported without provisions under the Cenvat Credit Rules, 2004. The advocate mentioned a previous Tribunal decision on a similar issue involving Alembic Ltd., requesting a decision on merits. The Tribunal noted that the appellant had paid CVD on re-imported machines exported under Notification No.94/1996-Cus. Rule 16 of the Central Excise Rules, 2002 allows for cenvat credit in such cases, which the first appellate authority failed to consider. Referring to a previous order where an unconditional waiver was granted to another assessee in a similar issue, the Tribunal, including the current judge who was part of that order, found no reason to deviate from the previous decision. Consequently, the Tribunal allowed the application for waiver of pre-deposit, staying the recovery until the appeal's disposal.