2012 (4) TMI 181 - AT - Central Excise

COD clearance pending Held that - Both sides being Govt. Departments can take a cue from the order passed by CCE in case of two govt departments viz. CBEC, Railway Board and M/s. DLW highlighting efforts made to resolve the dispute by both govt departments by having a high level meeting of top officials. With those observations, after waiving the requirement of pre deposit, we remand the matter to CCE to decide the case afresh.

Summary

Issues: Application for waiver of predeposit of duty and penalty under Section 11AC of the Central Excise Act, 1944. Remand of the matter for fresh decision.

Analysis:
1. Waiver of Predeposit: The application before the Appellate Tribunal sought waiver of predeposit of duty amounting to Rs.49,83,03,098/- and an equal penalty imposed under Section 11AC of the Central Excise Act, 1944. The Tribunal, after hearing both the Authorized Representative of the appellant and the Commissioner for the Department, decided to dispose of the appeal at that stage itself. The Tribunal waived the requirement of predeposit of duty and penalty with the consent of both sides, allowing the appeal to proceed for disposal without the need for predeposit.

2. Remand for Fresh Decision: During the proceedings, the Authorized Representative for the appellant highlighted that their application for COD clearance was pending, and referred to a decision by the Hon'ble Apex Court in a related matter. The appellant requested that the appeals be remanded based on previous Tribunal orders in a similar matter. The Commissioner for the Department did not object to the remand, but also brought to the Tribunal's attention efforts made by various departments to resolve the dispute, suggesting that such actions could expedite the resolution of the issue, especially since both parties involved were government departments.

3. Tribunal's Decision: The Tribunal appreciated the suggestion to resolve the issue expeditiously, considering the nature of the parties involved. Acknowledging the efforts made by the departments, the Tribunal decided to remand the matter to the Commissioner of Central Excise for a fresh decision. It was explicitly stated that all issues were to be kept open, allowing both sides to submit supporting documents and providing a reasonable opportunity for a hearing. The appeal was disposed of by way of remand, and the stay petition was also disposed of accordingly.

In conclusion, the Appellate Tribunal's judgment involved the waiver of predeposit of duty and penalty, as well as the decision to remand the matter for a fresh decision by the Commissioner of Central Excise. The Tribunal emphasized the need for an expeditious resolution, considering the nature of the parties involved, and allowed both sides the opportunity to present their case with all issues being kept open.