2001 (6) TMI 272 - AT - Central Excise

Summary

Issues:
1. Duty recovery and penalties imposed on the appellants for installing refrigeration plants.
2. Confiscation of refrigeration plants and penalties imposed on other parties involved.
3. Appeal against the Commissioner's order by M/s. Wintech Taparia Ltd. and M/s. Gambhir Cold Storage Ltd.
4. Application of a previous Tribunal decision in a similar case to the current matter.
5. Granting of waiver for deposit and stay of recovery of duty and penalties pending final disposal of appeals.

Analysis:

Issue 1:
The appellants, manufacturers of food processing equipment, faced duty recovery and penalties for installing refrigeration plants at certain premises. A show cause notice was issued, leading to confirmation of duty amounting to Rs. 21,57,840/- along with penalties under Section 11AC and Rule 173Q by the Commissioner of Central Excise, Indore.

Issue 2:
The Commissioner also directed the confiscation of the refrigeration plants and imposed penalties on the other parties involved. Noticees No. 2 & 3 were given the option to redeem the plants on payment of fines. Penalties under Rule 209A were also imposed on them.

Issue 3:
M/s. Wintech Taparia Ltd. and M/s. Gambhir Cold Storage Ltd. filed appeals against the Commissioner's order. The Tribunal considered their stay petitions, with the former being represented during the hearing while the latter requested an adjournment. The appellants relied on a previous Tribunal decision to support their case.

Issue 4:
The Tribunal referred to a previous decision involving similar circumstances where it was established that refrigeration plants are immovable property and not excisable commodities under the Act. The Tribunal set aside the Commissioner's order in that case, emphasizing that the construction of refrigeration plants does not involve the creation of a marketable commodity.

Issue 5:
The Tribunal found the facts and findings in the current case to be identical to the previous case, leading to the grant of waiver for the deposit and stay of recovery of duty and penalties for both appellants until the final disposal of the appeals. The appeals were scheduled for final disposal in due course.