2000 (1) TMI 208 - AT - Central Excise

Summary

Issues:
1. Miscellaneous Application for additions to the Memorandum of Appeal.
2. Stay petition for waiver of pre-deposit of duty and penalty under Section 11AC of the Central Excise Act, 1944.

Analysis:

Miscellaneous Application:
In the Miscellaneous Application, the applicants sought to make additions to the Memorandum of Appeal, elaborating on existing points. The Counsel argued for the addition, stating it merely elaborated on existing points. After perusal and hearing both sides, the Miscellaneous application was allowed.

Stay Petition - Duty and Penalty Waiver:
The applicants, manufacturers of branded chewing tobacco, were issued a Show Cause Notice for alleged suppression of facts regarding product removal. They contended that removals from their depot were covered by the amended definition of 'place of removal' under the Central Excise Act. The Department disagreed, disallowing deductions for certain removals. The Counsel argued that the longer limitation period under Section 11A(1) did not apply as there was no finding of suppression to evade duty payment. They cited relevant court decisions and maintained that the Department had the opportunity to seek additional information if needed. The Counsel further argued that the Adjudicating Authority's conclusion on the definition of 'place of removal' was incorrect.

The Respondent opposed the Stay Application, alleging undervaluation of goods by misdeclaring the place of removal to claim deductions. The Director of the applicant firm's statement supported this claim. The Respondent contended that the impugned order correctly included all expenses up to the point of delivery in the assessable value.

After considering submissions, the Tribunal found the matter required detailed examination on factual and legal grounds. While acknowledging the arguable nature of the case, the Tribunal deemed it fair for the appellant to deposit a portion of the duty demand before the Appeal's merit hearing. The appellant was directed to deposit Rs. 10 lakhs towards duty demand by a specified date, with the balance amount and penalty stayed pending the Appeal's merit hearing. Non-compliance would lead to the Appeal's dismissal without further notice.

The case was scheduled for compliance reporting after the specified deposit deadline.