2011 (12) TMI 444 - AT - Central Excise

Waiver of pre deposit - Imposition of equivalent penalty - By-products arising in the course of manufacture of Rice Bran Oil by solvent extraction method - Held that - commodities are merely waste and do not answer the test of excisability - it appears to us that the appellant has prima facie case against the demand of duty and penalties. Hence this application is allowed and consequently there will be waiver of pre-deposit and stay of recovery in respect of the adjudged amounts - Stay granted.

Summary

The Appellate Tribunal CESTAT Bangalore granted waiver and stay in a case involving duty of Rs. 2,93,014/- and penalty. The demand was on by-products of Rice Bran Oil manufacture, which the appellant argued were waste and not dutiable final products. The tribunal found a prima facie case against the demand, allowing the application for waiver and stay of recovery.