1998 (5) TMI 126 - AT - Central Excise

Summary

Issues:
1. Duty collection discrepancy at stockyards.
2. Interpretation of Section 11D regarding duty collection.
3. Applicability of previous court judgments.
4. Double demand raised against the manufacturer.
5. Financial hardship claim for waiver of pre-deposit.

Analysis:

1. The issue in this case revolves around the duty collection process at the stockyards of a company where the department alleged that excess duty was collected on certain materials. The department demanded the excess duty collected to be deposited under Section 11D, leading to a confirmed demand against the company.

2. The appellant argued that the disputed amounts were collected based on a judgment by the Madras High Court, which highlighted the lack of machinery for calculating duty under Section 11D. The appellant also referenced a Tribunal case supporting this interpretation, emphasizing that the duty collection was disputed due to the absence of a clear mechanism.

3. Additionally, the appellant referred to a Supreme Court case indicating that if the appeal outcome would render relief ineffective due to unjust enrichment provisions, the Tribunal could grant a stay. The appellant highlighted that demands had already been raised against certain steel plants, leading to a double demand situation, which they argued should waive the pre-deposit requirement.

4. The respondent opposed the waiver request, distinguishing the case from a previous Madras High Court judgment by stating that the receipts were not in dispute. The respondent also argued that demands against the manufacturer were not confirmed, and relief under Section 35F could only be granted once the manufacturer's appeal was addressed.

5. Ultimately, the Tribunal considered the arguments from both sides and decided to dispense with the pre-deposit of duty and penalty. The Tribunal noted that duty had been collected on excess goods received, suggesting that demanding payment again would amount to double taxation. Citing the Madras High Court's ruling on the lack of a calculation mechanism for Section 11D, the Tribunal granted a stay on the recovery of duty and penalty during the appeal's pendency, thus resolving the stay petitions.