2012 (6) TMI 725 - AT - Central Excise

Stay application - Interest liability - Goods destroyed in fire - Held that - this order has been passed confirming interest on a duty demand which itself is pending decision at the lower appellate authority s level although the appellate authority considering the said appeal is different. Unless a final decision taken on the liability to pay duty, interest liability on duty cannot be confirmed. Therefore, in the interest of justice it is appropriate to grant unconditional waiver from the pre-deposit of interest adjudged against the appellant - Stay granted.

Summary

Issues:
- Appeal and stay application against order-in-appeal
- Remission of duty on goods destroyed in fire
- Demand of interest on delayed payment of duty
- Rejection of appeal by the Commissioner (Appeals)

Analysis:
1. The appeal and stay application were filed against the order-in-appeal passed by the Commissioner of Central Excise (Appeals), Mumbai. The case involved M/s. Panorama Industries, which had cleared 1000 Kgs of TBHO for export, but the goods got destroyed in a fire at JNPT. The appellant was asked to pay Central Excise duty on the destroyed goods, which they paid. Subsequently, their application for remission of duty was rejected, and a demand for interest on delayed payment of duty was made. The original authority confirmed the interest demand, and the appellant's appeal against this was rejected in the impugned order.

2. The appellant argued that the rejection of the appeal was premature as their claim for remission of duty was still pending decision. They requested a stay based on this pending issue. The Ld. Advocate for the appellant contended that the interest liability on duty cannot be confirmed until a final decision is made on the duty payment. On the other hand, the Ld. AR reiterated the findings of the Commissioner (Appeals).

3. The Tribunal, in its judgment, noted that the interest on duty demand was confirmed even though the liability to pay duty was still pending decision at the lower appellate authority's level. The Tribunal emphasized that interest liability on duty cannot be confirmed until a final decision is taken on the duty payment. In the interest of justice, the Tribunal granted an unconditional waiver from the pre-deposit of interest adjudged against the appellant. The stay application was allowed based on these grounds. The Tribunal highlighted the importance of resolving the duty liability issue before confirming interest on duty demands.

This detailed analysis of the judgment provides a comprehensive understanding of the legal issues involved and the Tribunal's decision in this case.