2015 (2) TMI 425 - AT - Central Excise

Waiver of pre deposit - Exemption under Notification no. 49 & 50/2003-CE - Held that - in view the offer of the appellant for pre-deposit of ₹ 7 Lakh, we direct the appellant to deposit this amount within a period of 4 weeks from the date of this order. On deposit of this amount within the stipulated period, the requirement of pre-deposit of balance amount of duty demand, interest and penalty would stand waived and recovery thereof stayed. - Partial stay granted.

Summary

Issues:
1. Denial of duty exemption under Notification Nos. 49/03-CE & 50/03-CE.
2. Dispute regarding the commencement of commercial production.
3. Issuance of show cause notices for duty demand.
4. Adjudication by the Commissioner resulting in duty demand, interest, and penalty.
5. Appeal filed against the Commissioner's order.
6. Stay application for pre-deposit of duty amount.

1. Denial of duty exemption under Notification Nos. 49/03-CE & 50/03-CE:
The appellant's unit, located in Himachal Pradesh, manufactured Aluminium Sheets and Coils availing full duty exemption under Notification nos. 49 & 50/2003-CE. The dispute arose regarding the commencement of commercial production on or before 31st March, 2010. The Asstt. Commissioner and the Commissioner (Appeals) denied the exemption, leading to a pending appeal before the Tribunal.

2. Dispute regarding the commencement of commercial production:
The department disputed the appellant's claim of commencing commercial production by the specified date. This disagreement resulted in the denial of duty exemption under the mentioned notifications, prompting the ongoing appeal before the Tribunal.

3. Issuance of show cause notices for duty demand:
Following the denial of exemption, the department issued two show cause notices for duty demand totaling Rs. 85,76,331. The notices covered different periods, and the Commissioner adjudicated them together, confirming duty demand, interest under Section 11 AB/11AA, and imposing a penalty under Section 11 AC.

4. Adjudication by the Commissioner resulting in duty demand, interest, and penalty:
The Commissioner's order confirmed the duty demand for the specified period, considering the appellant ineligible for exemption. The duty demand was reduced after permitting cenvat credit but still amounted to Rs. 15,27,002. Additionally, interest and a penalty equal to the duty amount were imposed on the appellant.

5. Appeal filed against the Commissioner's order:
In response to the Commissioner's order, the appellant filed an appeal along with a stay application. The appellant argued that the duty liability should have been reduced as per a Supreme Court judgment, offering to pre-deposit a reduced amount and requesting the linked appeal regarding exemption to be heard together.

6. Stay application for pre-deposit of duty amount:
During the hearing of the stay application, the appellant offered to pre-deposit Rs. 7 lakhs, contending that their duty liability should be reduced accordingly. The Departmental Representative did not object to this proposal. The Tribunal directed the appellant to deposit the specified amount within four weeks, linking the instant appeal with the linked appeal for final disposal.

This detailed analysis of the judgment covers the issues involved comprehensively, highlighting the key legal aspects and arguments presented before the Tribunal.