2014 (1) TMI 2 - AT - Central Excise

Waiver of pre-deposit - Held that - The provisions of Rule 26(2) for imposition of equivalent amount of penalty on a person who has issued invoices without payment of duty facilitating the other person was receiving goods without invoices - This plea can be pressed into only for the offences committed by under Rule 26 from 2007 only - The application for waiver of pre-deposit of the amount involved is allowed and stayed - Decided in favour of assessee.

Summary

Issues:
Waiver of pre-deposit of penalty amount under Rule 26 of the Central Excise Rules, 2002.

Analysis:
The appellant filed a stay petition seeking waiver of pre-deposit of a penalty amount of Rs. 1,04,083 imposed under Rule 26 of the Central Excise Rules, 2002. The appellant was alleged to have issued a dealer's invoice in March 2004 without being a registered dealer and without receiving any goods. The Departmental Representative argued that the provisions of Rule 26 would be applicable even if Rule 26(2) of the Central Excise Rules, 2002 was not directly applicable. It was contended that the appellant's modus operandi was to pass on ineligible Cenvat credit to the purchaser without being registered as a dealer. The Tribunal noted that Rule 26(2) for imposing an equivalent penalty on a person issuing invoices without payment of duty facilitating the receipt of goods without invoices could only be applied for offenses committed after 2007, as per the judgment of the Supreme Court in Commissioner of Central Excise v. Elgi Equipments Ltd. (2001).

The Tribunal, after considering the arguments and perusing the records, found that the appellant had made a prima facie case for the waiver of pre-deposit of the penalty amount. Consequently, the Tribunal allowed the application for waiver of pre-deposit and stayed the recovery of the penalty amount until the disposal of the appeal.