2013 (12) TMI 1083 - AT - Central Excise

Determination of assessable value of cakes - Waiver of Pre-deposit Held that - Following M/s Eastern Bakeries Pvt. Ltd. Vs. CC Ex., Kol.VII 2013 (5) TMI 322 - CESTAT KOLKATA The Tribunal had already allowed the stay to the assessee for earlier period - the applicants are able to make out a prima-facie case for total waiver of duty and penalty Pre-deposit waived till the disposal of appeal Stay granted.

Summary

Issues: Application for waiver of pre-deposit of duty and penalty under Section 11AC of the Central Excise Act, 1944 related to the determination of assessable value of Britania branded cakes.

Analysis:
1. The issue in this case pertains to an application for the waiver of pre-deposit of duty amounting to Rs.1,16,47,424/- and an equal penalty imposed under Section 11AC of the Central Excise Act, 1944. The matter revolves around the determination of the assessable value of Britania branded cakes manufactured by the applicant and supplied to M/s Britania Industries Ltd. during a specific period. The appellant's representative argued that the current show-cause notice is a continuation of a previous one from 2005, and the situation is akin to a case where the Tribunal had already dropped the demand in favor of another party in a similar matter. This reference to a previous judgment strengthens the appellant's stance for seeking a waiver of the duty and penalty.

2. The Tribunal considered the submissions from both sides and reviewed the records. It was noted that a previous decision by the Tribunal in the case of M/s Eastern Bakeries Pvt. Ltd. had favored the appellant on comparable issues for an earlier period. Given the similarity in facts between the earlier case and the present one, the Tribunal found merit in the appellant's argument for total waiver of duty and penalty. Consequently, the Tribunal granted a prima facie case for waiving the predeposit of all dues adjudged and stayed the recovery during the pendency of the appeal. The decision to allow the stay petition was based on the Tribunal's assessment of the circumstances and the favorable precedent set by the earlier judgment, leading to the waiver of the dues and penalty for the appellant in this case.

This detailed analysis of the judgment highlights the core issues, arguments presented, and the Tribunal's decision, providing a comprehensive understanding of the legal proceedings and outcome.