2015 (11) TMI 369 - AT - Central Excise

Waiver of pre deposit - availment of cenvat credit - Non receipt of inputs - Held that - Appellants have availed credit on CVD paid on the aluminium scrap based on the invoices. Taking into account the amount already appropriated, prima facie, appellants have not made out a case for waiver of predeposit - Upon makin pre deposit M/s. Vignesh Alloys Pvt. Ltd., predeposit of balance duty and penalty on them and predeposit of penalty imposed on its Director Shri R. Vijaykumar shall stand waived and recovery thereof stayed during pendency of their appeals. For the rest of the appellants, upon compliance of predeposit amount, balance penalty shall stand waived and recovery thereof stayed during pendency of appeals. - Partial stay granted.

Summary

Issues:
- Availment of cenvat credit on invoices without receipt of inputs
- Confirmation of demand and recovery of ineligible cenvat credit
- Imposition of penalties on main appellant and co-noticees
- Rejection of appellant's claim for erroneous debit amount
- Requirement of predeposit by certain appellants
- Waiver of predeposit upon compliance

Analysis:
The judgment by the Appellate Tribunal CESTAT Chennai involved multiple issues arising from a common adjudication order. The main issue pertained to the availment of cenvat credit on invoices without the receipt of inputs, specifically Aluminium Scrap. The Directorate General of Central Excise Intelligence (DGCEI) registered an offense case and issued a show cause notice confirming the demand and recovery of ineligible cenvat credit. The Commissioner of Central Excise, Coimbatore, in an order, imposed penalties on the main appellant and co-noticees for the same.

During the proceedings, the appellant's advocate highlighted that a significant amount had already been paid by the main appellant, which was appropriated in the original order. Additionally, the advocate mentioned discrepancies in the claimed debit amount and the subsequent demand by the Revenue. It was noted that the Director of the main appellant company had properties attached by Canara Bank under the SARFAESI Act, 2002.

After considering arguments from both sides and reviewing the original adjudication order, statements, and evidence of diversion of imported scrap, the Tribunal found that the appellants had not sufficiently demonstrated a case for the waiver of predeposit. Consequently, specific appellants were directed to predeposit certain amounts as ordered by the Tribunal within a specified timeline.

Upon compliance with the predeposit requirements, the Tribunal ruled that the balance duty, penalty on the main appellant, and penalties on its Director would be waived, with recovery stayed during the appeal process. For the remaining appellants, upon predeposit compliance, the balance penalties would be waived, and recovery stayed during the pendency of their appeals. The Tribunal also instructed the Revenue to initiate recovery proceedings with Canara Bank and adjust previous deposits made by the appellants against the predeposit amounts specified in the order.