2012 (11) TMI 261 - AT - Central Excise

Waiver of pre-deposit of duty of Rs. 36,89,995/-, interest and penalty - Held that - The applicants are manufacturing the goods having a solar module which can charge two lanterns at a time, benefit of notification no. 6/2002-CE dated 02.03.2002 can not be denied as it does not provide any condition that the exemption is available in respect of one lantern only - waived the requirement of pre-deposit for hearing the appeal and stay recovery thereof during pendency of the appeal.

Summary

The Appellate Tribunal CESTAT Mumbai heard the case of an applicant seeking waiver of pre-deposit of duty, interest, and penalty amounting to Rs. 36,89,995. The applicant manufactures and clears solar lanterns with a solar module that can charge two lanterns simultaneously. The tribunal found that the exemption notification does not specify that the benefit is limited to one lantern only, thus waiving the pre-deposit requirement for the appeal and staying recovery during the appeal process.