1988 (7) TMI 227 - AT - Central Excise

Summary

Issues:
1. Waiver of pre-deposit of duty and penalties.
2. Impugned order based on statement recorded from an employee.
3. Legal validity of the impugned order.
4. Consideration of financial position and liabilities of the petitioner.
5. Comparison of disputed signature and direction for pre-deposit.

Analysis:

1. The primary issue in this case revolves around the waiver of pre-deposit of duty and penalties amounting to Rs. 18,31,378.01 and Rs. 2,00,000 respectively. The petitioner, a partnership firm, sought relief from the Tribunal, arguing that the duty imposed was reduced from the initial amount, and the penalties were unjustly enhanced. The Tribunal considered the submissions made by both parties and directed the petitioner to make a pre-deposit of Rs. 3,00,000 by a specified date, with the balance being dispensed with upon compliance.

2. The impugned order was primarily based on a statement recorded from an employee of the petitioner firm, implicating them in the clearance of goods without payment of duty. The petitioner contested the reliance on this statement, arguing that the disputed signature was not properly verified and should have been compared with admitted signatures as per legal requirements.

3. The legal validity of the impugned order was challenged by the petitioner's consultant, citing the need for a proper comparison of signatures and questioning the valuation of clearances adopted by the adjudicating authority. The consultant also highlighted the petitioner's status as a small-scale and sick unit, emphasizing their financial difficulties and liabilities.

4. Considering the financial position and liabilities of the petitioner, the Tribunal assessed the balance sheet and noted the petitioner's losses and outstanding dues to financial institutions. Despite the arguments presented by the petitioner, the Tribunal found that the petitioner had been implicated in the evasion of duty based on the employee's statement and directed a pre-deposit of Rs. 3,00,000.

5. The Tribunal clarified that the comparison of disputed signatures could be done at the time of final disposal of the appeal and directed the petitioner to make the specified pre-deposit by a set deadline. The Tribunal granted a stay of recovery for the balance amount subject to the petitioner's compliance with the order, with the appeals scheduled for a future date.