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2014 (1) TMI 1110 - AT - Central ExciseUnaccounted stock of MS ingots - Excess quantity found in transit from factory to job workers premises Waiver of pre-deposit Held that - The assessee admittedly has not paid the fine Thus, there is no requirement of pre-deposit of the fine - Predeposit is required of only duty and penalty - As regards the duty demanded on the confiscated goods, again, there is no requirement of predeposit vide Section 35F of the Central Excise Act - As regards the duty demanded on the excess goods, the same stands paid and appropriated Thus, pre-deposits waived till the disposal Stay granted.
Issues:
Waiver and stay of dues adjudged against the appellants - demand of duty on excess quantity of MS ingots and unaccounted stock of MS ingots, requirement of predeposit of duty and penalty, payment of fine for confiscated stock. Analysis: The judgment pertains to applications seeking waiver and stay of dues adjudged against the appellants. The main appellant (assessee) was found liable for a duty of Rs. 42,271, with Rs. 22,527 demanded on excess quantity of MS ingots and the remaining amount on unaccounted stock of MS ingots. The appellant paid the demanded amount for excess quantity, which was duly appropriated. However, the duty on the unaccounted stock was not paid, leading to confiscation of 7.1 MTs. of ingots with an option for fine payment. Since the fine was not paid, the ingots remain under the control of Central Excise Authorities, eliminating the need for predeposit of the fine. Regarding predeposit requirements, it was clarified that predeposit is necessary only for duty and penalty, not for confiscated goods as per Section 35F of the Central Excise Act. Since the duty on the excess goods was already paid and appropriated, there was no predeposit requirement for that as well. Additionally, an amount of Rs. 5,632 was paid by the assessee towards penalty, which was also appropriated and not in dispute. After considering the arguments from both sides and the facts presented, the judge granted waiver and stay as prayed for by the appellants. The decision was pronounced and dictated in open court, concluding the case on the grounds of predeposit requirements, payment of duty and penalty, and confiscation of unaccounted stock of goods.
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