2014 (4) TMI 761 - AT - Central Excise

Waiver of pre deposit - valuation of final product manufactured and cleared - Held that - There is no reason to deviate from the view already taken by this Bench in the appellant s own case while granting the waiver of pre-deposit of balance amounts involved in the Stay Order as mentioned hereinabove - Accordingly, we consider the amount of Rs.8 lakhs deposited by the appellant in these 3 cases as enough deposit to hear and dispose the appeals. The applications for waiver of pre-deposit of balance amounts involved are allowed and recovery thereof stayed till the disposal of appeal - Stay granted.

Summary

Issues:
1. Valuation of final product for duty calculation.

Analysis:
The judgment by the Appellate Tribunal CESTAT Ahmedabad pertains to three Stay Petitions challenging a common Order-in-Appeal that rejected appeals regarding the valuation of the final product for duty calculation. The first appellate authority ruled that the appellant must include the value of packaging material supplied by the principal manufacturer to discharge duty obligations. The appellant argued that they had already deposited Rs. 8 lakhs out of the total duty demand of approximately Rs. 28.12 lakhs. The appellant cited previous orders by the same Bench where a 25% deposit was deemed sufficient for hearing and disposal of appeals. The Deputy Registrar confirmed the Rs. 8 lakhs deposit during the proceedings.

The Tribunal reviewed the previous orders and found them acceptable. Given the appellant's deposit and in line with previous decisions, the Tribunal considered the Rs. 8 lakhs sufficient for hearing the appeals and granted a waiver of the pre-deposit of the remaining amounts. The recovery of the balance amounts was stayed until the appeal's final disposal. The Tribunal directed the registry to consolidate these three appeals with another appeal for joint disposal in due course. The judgment highlights the importance of deposit amounts in relation to hearing and disposing of appeals, ensuring fairness and adherence to established precedents in such matters.