2011 (9) TMI 857 - AT - Central Excise

Waiver of pre deposit - Duty in respect of soap stock, gums, waxes and fatty acids - exemption Notification No. 89/95-C.E., dated 18-5-1995 - Held that - Commissioner has already decided an identical dispute in favour of the assessee and Tribunal has not granted stay against the said order, we deem it fit to hold that the appellant has prima facie case in his favour - Decided in favour of assessee.

Summary

Issues:
1. Application for dispensing with the pre-deposit of duty of Rs. 4,43,902/- under exemption Notification No. 89/95-C.E.
2. Interpretation of waste, parings, and scrap exemption under the said notification.
3. Consideration of an identical dispute in a previous case involving M/s A.P. Solvex Ltd.
4. Prima facie case in favor of the appellant based on the Commissioner's decision and Tribunal's stance on the stay application.

Analysis:

The judgment pertains to an application seeking the dispensation of the pre-deposit of duty amounting to Rs. 4,43,902/- under exemption Notification No. 89/95-C.E. The duty was confirmed against the appellant concerning soap stock, gums, waxes, and fatty acids cleared under the said notification. The crux of the matter lies in determining whether these by-products can be classified as waste, parings, or scrap to qualify for the exemption. The Revenue contends that these items are not waste but rather by-products arising during the manufacturing process of the final product, thus not eligible for the exemption.

The Tribunal notes that a similar dispute was addressed in a previous case involving M/s A.P. Solvex Ltd., where the Commissioner ruled in favor of the assessee. Despite the Revenue appealing this decision before the Tribunal, the stay application was rejected. The Commissioner's order highlighted that the decision in the M/s A.P. Solvex Ltd. case was not final as it was under appeal before the CESTAT. However, the Tribunal did not grant a stay against the Commissioner's order, indicating a favorable stance towards the assessee.

Considering the Commissioner's decision in the M/s A.P. Solvex Ltd. case and the Tribunal's refusal to grant a stay against it, the Tribunal deems it appropriate to hold that the appellant has a prima facie case in their favor. Consequently, the Tribunal dispenses with the pre-deposit condition of duty. The Tribunal also acknowledges the potential recurring effect of the issue and schedules the present appeal along with the earlier appeal of Revenue in the CCE v. M/s A.P. Solvex Ltd. case for a joint hearing on 2nd November 2011.