9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (10) TMI 901 - AT - Central ExciseDenial of CENVAT Credit - Delay in payment of duty - Debit made in CENVAT Credit and PLA account - Held that - Ratio laid down by Hon ble Gujrat High Court s case in the case of Shreeji Surface Coatings Pvt. Ltd. 2014 (12) TMI 656 - GUJARAT HIGH COURT is applicable to the facts of the case. In these circumstances, the applicant could able to make out a prima facie case for total waiver of pre-deposit of dues adjudged. Accordingly, all dues adjudged is waived and its recovery stayed during the pendency of the appeal. - Stay granted.
Issues: Application for waiver of pre-deposit of duty and penalty under Section 11AC of CEA, 1944.
Analysis: 1. Issue of waiver of pre-deposit: The applicant filed an application seeking waiver of pre-deposit of duty amounting to Rs. 2.44 Crores and an equal penalty imposed under Section 11AC of CEA, 1944. The applicant argued that there was no delay in payment of duty for the month of January 2008, as they had utilized CENVAT credit and later rectified the payment issue. The applicant also relied on a judgment of the Hon'ble Gujrat High Court in the case of Shreeji Surface Coatings Pvt. Ltd. vs. Union of India to support their argument. The Ld. A.R. for the Revenue reiterated the findings of the Ld. Commissioner. 2. Prima facie case for waiver: The Tribunal, comprising Dr. D.M. Misra and Shri H.K. Thakur, found that the ratio laid down by the Hon'ble Gujrat High Court in the case of Shreeji Surface Coatings Pvt. Ltd. was applicable to the facts of the present case. The Tribunal observed that the applicant had made out a prima facie case for total waiver of pre-deposit of dues adjudged. Consequently, the Tribunal granted the waiver of all dues adjudged and stayed the recovery during the pendency of the appeal. The application for waiver of pre-deposit was allowed based on the findings and legal precedents cited by the applicant. This detailed analysis of the judgment highlights the issues involved, the arguments presented by the parties, and the Tribunal's decision based on legal principles and precedents cited during the proceedings.
|
