2012 (12) TMI 47 - AT - Central Excise

Waiver of Pre-deposit of duty Interest and Penalty - goods were cleared without payment of duty stating the intended clearance for Export - held that - In absence of Notification granting exemption to the good cleared to the unit availing EPCG benefit the applicants had not made out a case for waiver of duty - applicants are directed to deposit the entire duty amount within a period of six weeks. On deposit of the duty amount pre-deposit of interest and penalty is waived and recovery thereof is stayed during the pendency of the appeal.

Summary

Issues:
- Application for waiver of pre-deposit of duty, interest, and penalty
- Clearance of goods without payment of duty under EPCG scheme
- Lack of specific notification for exemption
- Adjudication order dropped by the authority but set aside on appeal by the Commissioner

Analysis:
The judgment pertains to an application for the waiver of pre-deposit of duty, interest, and penalty by the applicants, who are engaged in the manufacture of electric transformers. The applicants cleared two electric transformers without payment of duty to a specific entity under the EPCG scheme, stating the intended clearance for export. A show-cause notice was issued, demanding duty, interest, and penalty due to the absence of a specific notification for clearing goods to units under the EPCG scheme. The adjudicating authority initially dropped the demand, but the Commissioner overturned this decision on appeal by the Revenue.

During the proceedings, the counsel for the applicants admitted the absence of a specific notification granting exemption to the goods cleared to units under the EPCG scheme. Although the counsel relied on the Foreign Trade Policy, the failure to produce a notification at any stage led to the conclusion that the applicants had not made a case for the waiver of duty. Consequently, the applicants were directed to deposit the entire duty amount within six weeks. Upon depositing the duty, the pre-deposit of interest and penalty was waived, and the recovery thereof was stayed pending the appeal.

The judgment emphasizes the importance of compliance, setting a deadline for reporting compliance by a specific date. This case underscores the significance of adhering to statutory requirements and notifications when seeking exemptions or waivers related to duty payments under schemes like the EPCG scheme.