2013 (12) TMI 1037 - AT - Central Excise

Property already attached for the requirement of Pre-deposit - Denial of benefit under Notification No. 6/2002 Special exemption on textile and textile articles Held that - There is attachment of property of approximately of Rs. 3.10 Crores - the interest of Revenue is secured order modified to the extent that the property which has been attached and handed over is considered as enough deposit to hear and dispose the appeal Stay granted.

Summary

Issues: Compliance with Section 35F of Central Excise Act for pre-deposit, Modification application disposal, Denial of special exemption benefit under Notification No. 6/2002-CE

Compliance with Section 35F of Central Excise Act for pre-deposit:
The matter concerned compliance with Section 35F of the Central Excise Act, 1944 for pre-deposit of the amount confirmed by lower authorities. The appellant had filed a modification application, seeking consideration of the attached property worth Rs. 3.10 Crores as sufficient deposit to hear and dispose of the appeal. The Hon'ble High Court of Gujarat partially lifted the attachment order and directed the appellant to deposit Rs. 140 Lakhs to proceed with the appeal. The departmental representative emphasized that the attached properties should not be alienated until the appeal's disposal.

Modification application disposal:
The appellant's modification application was considered in light of the attached property and the denial of special exemption benefit under Notification No. 6/2002-CE. The Tribunal found that the interest of Revenue was secured due to the property attachment of approximately Rs. 3.10 Crores, modifying the stay order to consider the attached property as sufficient deposit for the appeal. The appellant was directed not to dispose of the property until the appeal's disposal, with the Revenue authorized to seek appropriate orders in case of any disposal or alienation.

Denial of special exemption benefit under Notification No. 6/2002-CE:
The main issue revolved around the denial of the special exemption benefit to the appellant for textile and textile articles under Notification No. 6/2002-CE. The confirmed demand amounted to Rs. 1.33 Crores, along with interest and penalties. The Tribunal, considering the attached property's value, concluded that the interest of Revenue was adequately secured, allowing for the modification of the stay order and disposal of the appeal based on the attached property's worth.

In conclusion, the judgment addressed the compliance requirements under the Central Excise Act, the disposal of the modification application in light of the attached property, and the denial of special exemption benefits under Notification No. 6/2002-CE. The Tribunal's decision balanced the interests of the appellant and the Revenue, ensuring the security of the Revenue's claims while allowing for the appeal's progression based on the attached property's value.