2015 (10) TMI 708 - HC - Central Excise

Validity of stay order - Held that - In the impugned order - had raised three issues and we had expected that the Revenue in its reply will deal with the three issues which were raised in the Court. We are sorry to say that not one of the issues has been even remotely answered in the reply. Most importantly, there is no reply to the third issue raised by us that in an identical situation the same two members of the CESTAT had granted stay order without any conditional deposit 2013 (10) TMI 1141 - CESTAT KOLKATA . - Petition had shown similar decision decision wherein stay has been granted. - Stay confirmed.

Summary

Issues:
1. Interpretation of conditional exemption under a notification.
2. Alleged inconsistency in Revenue's stance regarding exemption.
3. Granting of stay order without conditional deposit by CESTAT members.
4. Incorrect date mentioned in the order.
5. Equality in judicial proceedings.

Issue 1 - Interpretation of conditional exemption under a notification:
The petitioners argued that the exemption granted to them under a specific notification is conditional, making the proviso of another notification inapplicable as their product is not generally exempt from Excise duty. The Senior Counsel highlighted that the Revenue previously denied the exemption due to non-compliance with investment conditions, indicating the exemption is not general. The Court, without delving into the case's merits, opined that for the proviso to apply, the product or unit should be generally tax-exempt. As the conditional exemption was denied based on non-compliance with investment requirements, the Court considered it not a total exemption, leading to a prima facie case for granting a stay on the pre-deposit requirement.

Issue 2 - Alleged inconsistency in Revenue's stance regarding exemption:
The Senior Counsel pointed out an alleged inconsistency in the Revenue's stance, where previously, the exemption was denied, but now, a 100% exemption is claimed, suggesting the petitioner falls under the proviso to the notification. The Court noted the lack of response from the Revenue on this issue, emphasizing the need for a clear explanation. The Court confirmed the stay order, considering a similar situation where a stay was granted without a conditional deposit by CESTAT members, reinforcing the need for consistency in treatment.

Issue 3 - Granting of stay order without conditional deposit by CESTAT members:
The Court highlighted a previous instance where the CESTAT granted a stay order without a conditional deposit in a similar situation, underscoring the need for uniformity in decisions. The Court confirmed the stay order in the present case, aligning with the previous decision and emphasizing the importance of equal treatment in judicial proceedings.

Issue 4 - Incorrect date mentioned in the order:
A discrepancy in the order was noted regarding the date mentioned, pointing out the correct date for clarity and accuracy in legal documentation.

Issue 5 - Equality in judicial proceedings:
The principle of equality in judicial proceedings was underscored, emphasizing the importance of treating all cases equally and ensuring consistency in decisions. The Court directed the Tribunal not to insist on the deposit amount, allowing for a fair hearing and final resolution of the matter on a specified date.

This detailed analysis of the judgment from the Tripura High Court covers the various issues raised, the arguments presented, and the Court's findings and directions, ensuring a comprehensive understanding of the legal complexities involved in the case.