2015 (8) TMI 537 - SCH - Central Excise

Waiver of pre dpeosit - Exemption under the Notification No. 89/95-C.E. - Supreme Court dismissed the appeal filed by the assessee against the decision of High Court 2014 (9) TMI 527 - Madras High Court , however, granted another three weeks time from today to the petitioner to comply with the orders and directions issued by the High Court. High Court in the impugned order held that With regard to the nature of manufacturing activity carried on by the appellant and the process viz., refining process, they get refined vegetable oil as the main product and soap stock as a by-product, which was further converted as acid oil and soap sludge and whether these products would clarify as waste and entitled for exemption under Notification No. 89/95-C.E. are questions of fact, which the appellant/assessee has to establish before the CESTAT and the CESTAT, would go into the said aspects and render a final finding. reason given by the CESTAT cannot be faulted with. However, taking note of the fact that the status of the assessee as Small Scale Industry and such fact is not in dispute, the appellant is hereby directed to make pre-deposit of ₹ 5,00,000.

Summary

The Supreme Court dismissed the case but granted the petitioner three more weeks to comply with High Court orders. If the deposit is made, the Customs Tribunal will restore the appeal for further consideration.