2010 (4) TMI 527 - AT - Central Excise

Stay - Pre-deposit - The appellants are manufacturing MS fabricated hardware structures chargeable to Central Excise duty under 7308.40 of the Central Excise Tariff as well as agricultural implements covered under heading 84.32 at nil rate of duty. Denial of Cenvat Credit. Common inputs and inputs services utilized in manufacture of dutiable and exempted final products. Separate accounts of inputs and input services not maintained. Exempted product exported. Held that - fact of not maintaining separate accounts of inputs and input service never disclosed to department. Plea against extended period not acceptable. Appellant failed to establish prima facie case for waiver of pre deposit. Directed to deposit. On compliance of stay order, balance amount of demand stand waived and recovery stayed till disposal of appeal.

Issues:
1. Applicability of Rule 6 of Cenvat Credit Rules, 2004 regarding maintenance of separate accounts for dutiable and exempted finished products.
2. Whether the demand raised under the show cause notice is time-barred.
3. Eligibility for waiver of pre-deposit of demand, interest, and penalty pending appeal.

Issue 1: Applicability of Rule 6 of Cenvat Credit Rules, 2004
The case involved the manufacturing of MS fabricated hardware structures and agricultural implements. The Appellants were accused of not maintaining separate accounts for inputs used in the manufacture of dutiable and exempted finished products as required under Rule 6(2) of Cenvat Credit Rules, 2004. The demand was for the period from April 2001 to March 2003. The Assistant Commissioner confirmed the demand along with interest and imposed a penalty. On appeal, the Commissioner directed a pre-deposit, which was not paid, resulting in the dismissal of the appeal. The Appellants argued that the provisions of Rule 6 were not applicable as the finished products were exported, and hence, the demand was time-barred. However, the Department contended that the Appellants did not maintain separate accounts as required, and the extended period for demand was rightly imposed.

Issue 2: Time-barred Demand
The Appellants claimed that the demand raised in the show cause notice was time-barred as they had exported all finished products during the disputed period. They argued that since they regularly filed ER I returns without any objection from the Department, there was no suppression of information. The Department, on the other hand, stated that the Appellants did not disclose the lack of separate accounts for inputs until it was discovered during an audit. The Department argued that the extended period under Section 11A(1) was rightly imposed, and the penalty was justified.

Issue 3: Waiver of Pre-deposit
The Appellants sought a waiver of pre-deposit for the demand, interest, and penalty pending the appeal. They claimed a strong prima facie case based on the export of finished products and regular filing of returns. However, the Department opposed the waiver, citing non-compliance with Rule 6 and the discovery of lack of separate accounts during an audit. The Tribunal found that the Appellants failed to establish a prima facie case for waiver and directed them to deposit a specified amount within a set period. Compliance was required to be reported by a specific date, and on fulfilling the deposit, the pre-deposit requirement for the remaining amount would be waived.

This detailed analysis covers the issues of applicability of Rule 6 of Cenvat Credit Rules, 2004, the time-barred nature of the demand, and the eligibility for waiver of pre-deposit of demand, interest, and penalty pending appeal as addressed in the judgment by the Appellate Tribunal CESTAT NEW DELHI.

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