2015 (10) TMI 1259 - AT - Central Excise

Waiver of pre deposit - Clandestine removal of goods - Imposition of penalty - Held that - Managing Director has admitted about the clandestine removal of goods during the month of August 2008 to Sri John of Erode and Sri Balu of Salem in his statement. Further, the allegation was clearly corroborated with very huge consumption of electricity and electricity charges paid to TNEB. The counsel s reliance on the Hon ble Supreme court 2011 (1) TMI 1302 - Supreme Court of India and the Hon ble High Court of Madras pertaining to sales tax is not relevant to the present case. Therefore, the appellants have failed to make out a prima facie for waiver of predeposit of entire dues. - Partial stay granted.

Summary

Issues:
- Application for waiver of predeposit of entire amount of dues
- Allegation of clandestine removal of MS ingots without duty payment
- Reliance on Supreme Court and High Court decisions
- Adjudication based on electricity consumption charges
- Confirmation of demand and penalty imposition

Analysis:
The appellant filed an application seeking the waiver of predeposit of the entire amount of dues. The case involved allegations by the Department that the appellants had clandestinely removed MS ingots without paying duty between August 2006 and March 2011. The adjudicating authority issued a show-cause notice, confirming a demand of &8377; 15,37,46,735/- and imposing a penalty equal to the amount of &8377; 1,68,714/-. The appellant's counsel argued that the allegations were primarily based on high electricity consumption charges paid to the Tamilnadu Electricity Board, with no specific mention in the show-cause notice or adjudication order. The counsel relied on a Supreme Court decision and a Madras High Court decision in a similar case involving the Sales Tax Department.

The Revenue's representative reiterated the allegations in the show-cause notice and adjudication order, highlighting periods with no recorded production but significant electricity charges paid. It was noted that clandestine removal was detected in August 2008, supported by a statement from the Managing Director admitting unaccounted production and payment of duty for clearance of MS ingots. After considering both arguments and examining the records, the Tribunal found the Managing Director's admission of clandestine removal during August 2008 to be credible, supported by substantial electricity consumption and payments to the Tamilnadu Electricity Board. The Tribunal deemed the appellant's reliance on Supreme Court and High Court decisions regarding sales tax as irrelevant to the current case. Consequently, the Tribunal concluded that the appellants failed to establish a prima facie case for the waiver of predeposit of entire dues.

As a result, the Tribunal directed the appellants to predeposit &8377; 1,50,00,000/-, with the first installment of &8377; 75,00,000/- to be paid within eight weeks and the second installment within four weeks thereafter. Compliance reporting deadlines were set accordingly. Upon the deposit of the specified amount, the predeposit of the remaining dues would be waived, and the recovery thereof stayed during the appeal's pendency.