2009 (7) TMI 975 - AT - Central Excise

Summary

Issues:
1. Stay application for order dated 30-6-07 passed by the Additional Commissioner and order dated 31-3-09 passed by the Commissioner (Appeals).

Analysis:
The judgment pertains to an application for stay of orders passed by the Additional Commissioner and the Commissioner (Appeals). The impugned order by the Commissioner (Appeals) was based on the appellant's failure to deposit the duty demanded under Section 35F of the Central Excise Act, 1944. The Tribunal noted that the original authority had overlooked an essential aspect concerning alleged discriminatory treatment towards the appellant compared to a similar case involving M/s. Beston Power Source Industries. In the Beston case, a penalty of Rs. 2,500 was imposed for non-compliance, whereas the appellant faced a duty imposition of Rs. 21,95,349 along with interest and penalty. The Tribunal emphasized that the Commissioner (Appeals) should have addressed the contentions raised by the appellant instead of dismissing the appeal solely for non-compliance with Section 35F. The Tribunal found grounds for a total waiver of duty during the appeal period.

Continuing the analysis, the Tribunal concluded that the impugned order was unsustainable and needed to be set aside. Therefore, the appeal was disposed of along with the stay application. The Tribunal directed the Commissioner (Appeals) to reconsider the appeal on its merits without mandating the deposit of the demanded amount. The Commissioner (Appeals) was instructed to address all points raised by the appellant and make an independent decision based on the records regarding the alleged discrimination issue. The Tribunal clarified that its observations were not a final decision on the discrimination matter, emphasizing the need for an independent determination by the Commissioner (Appeals).

In the final part of the judgment, the Tribunal allowed the appeal, set aside the impugned order, and remanded the matter to the Commissioner (Appeals) for a detailed review. The appeal and stay application were ultimately disposed of, bringing the case to a conclusion.