2015 (3) TMI 515 - AT - Central Excise

Waiver of pre deposit - Denial of the benefit of Notification No. 8/2003-CE dated 01/03/2003 - Held that - Following decision of Universal Packaging 2010 (9) TMI 561 - CESTAT, MUMBAI upheld by Bombay High Court 2013 (10) TMI 140 - BOMBAY HIGH COURT . Appellant has made out a strong case in its favour for grant of stay. Accordingly, we grant unconditional waiver from pre-deposit of the adjudicated liabilities against the appellant and stay recovery thereof during the pendency of the appeal - Stay granted.

Summary

Issues:
1. Duty demand confirmation along with interest and penalty imposition.
2. Interpretation of Notification No. 8/2003-CE regarding duty liability on exported cardboard cartons.
3. Applicability of small sale exemption under Notification 8/2003 for supplies to merchant exporters.

Issue 1: Duty demand confirmation, interest, and penalty imposition
The appeal and stay petition challenged an Order-in-Original Appeal confirming a duty demand of Rs. 9,16,227/- along with interest and an equivalent penalty on M/s Shree Hari Packaging Industries. The lower appellate authority upheld the duty demand and penalty, leading to the appeal.

Issue 2: Interpretation of Notification No. 8/2003-CE
The appellant, a manufacturer of corrugated cardboard cartons, argued that the cartons supplied to merchant exporters for packing and export of goods should not be considered for "home consumption" duty liability under Notification No. 8/2003. The appellant cited Tribunal decisions and the Bombay High Court's affirmation to support the claim that such supplies should be treated as exports, not home consumption.

Issue 3: Applicability of small sale exemption under Notification 8/2003
The appellant contended that the cardboard cartons supplied to merchant exporters for export purposes should be eligible for the small sale exemption under Notification 8/2003. The appellant relied on previous Tribunal decisions and the Bombay High Court's affirmation, arguing for the grant of stay and disposal of the appeal.

After considering the arguments and previous Tribunal decisions upheld by the Bombay High Court, the Tribunal found in favor of the appellant. Granting unconditional waiver from pre-deposit of adjudicated liabilities, the Tribunal stayed the recovery during the appeal's pendency. The Tribunal's decision was based on the appellant's strong case supported by legal precedents and interpretations of Notification No. 8/2003-CE.