2014 (1) TMI 322 - AT - Central Excise

Waiver of Pre-deposit Held that - Rs.1.13 Crores stands paid by them - the amount submitted is sufficient for the purpose of Section 35 F rest of the pre-deposit waived till the disposal. The applicant was using the brand name of GTM - He is prima facie required to pay the duty on their products - M/s. Gurukripa consumer Care Products directed to deposit the entire duty amount as pre-deposit till the disposal stay not granted. The stay application of Shri Pranayadutta Shukla - He is only a dealer, who was purchasing the goods from M/s. Gurukripa Consumer Care Products and selling them to GTM Teleshopping Pvt. Ltd. All these transactions are on paper there was no justifiable reasons for imposition of penalty upon him Decided partly in favour of Assessee.

Summary

Issues:
1. Transfer of Cenvat credit from a partnership firm to a private limited company.
2. Dispute regarding the transfer of Cenvat credit.
3. Pre-deposit of balance amount of duties and penalties.
4. Imposition of duty and penalty on a manufacturer using a brand name.
5. Imposition of penalty on a dealer for transactions on paper.

Analysis:
1. The judgment addresses the issue of the transfer of Cenvat credit from a partnership firm to a private limited company. The lower authorities did not initially accept the debiting of the credit due to a dispute. However, it was later decided in favor of the assessee that the entire credit could be transferred to the private limited company's account. Consequently, the pre-deposit of the balance amount of duties and penalties was dispensed with for the concerned parties.

2. The dispute regarding the transfer of Cenvat credit was resolved in favor of the assessee, allowing the transfer of the credit to the private limited company's account. This resolution validated the earlier debiting of Rs.45 Lakhs and subsequent debiting of another Rs.45 Lakhs, totaling Rs.1.13 Crores paid by the parties involved. The judgment deemed this amount sufficient for the purpose of Section 35 F, leading to the dispensation of the pre-deposit condition for the balance amount of duties and penalties.

3. The judgment also dealt with the imposition of duty and penalty on a manufacturer using a brand name without anyone present on behalf of the stay application. The manufacturer was found to be required to pay duty on their products due to the use of the brand name. The directive was issued for the manufacturer to deposit the entire duty amount within a specified period, with the pre-deposit of penalty on the manufacturer and proprietor dispensed with and its recovery stayed.

4. In the case of a dealer who was purchasing goods from the manufacturer and selling them to the private limited company, the judgment found no justifiable reasons for the imposition of a penalty. The penalty on the dealer was accordingly dispensed with. The judgment emphasized that the transactions were on paper, leading to the decision to not impose a penalty on the dealer.

5. Lastly, M/s. Gurukripa Consumer Care Products were directed to report compliance on a specific date, indicating a requirement for them to fulfill certain obligations by the specified deadline. This directive aimed to ensure that the party in question adhered to the necessary actions within the stipulated timeframe.