9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (6) TMI 393 - AT - Central ExciseRequirement to make pre-deposit equal to 50% - Appeal was dismissed for non deposit - Cenvat Credit - MS Angles, Channels and H.R. Plates - Extended period of limitation - Held that - Commissioner (Appeals) to dispose of the assessee s appeal (filed against Order-in-Original) on merits subject to pre-deposit, by the appellant, of an amount of Rs. 2,00,000/- (Rupees Two lakhs only) within six weeks.
Issues:
1. Waiver and stay of CENVAT credit denial and penalty imposition. 2. Invocation of extended period of limitation on grounds of suppression of facts. 3. Requirement of pre-deposit for appeal compliance. 4. Financial hardships plea by the appellant. Analysis: Issue 1: Waiver and stay of CENVAT credit denial and penalty imposition The appellant filed an application seeking waiver and stay regarding the denial of CENVAT credit of Rs. 19,24,184/- and an equal penalty imposed for the period from October 2008 to June 2009. The denial was based on the usage of MS Angles, Channels, and H.R. Plates for fabrication of structural support to capital goods instead of capital goods as claimed by the appellant. The lower appellate authority required a deposit of 50% of the CENVAT credit amount for compliance with Section 35F of the Central Excise Act. After considering all submissions, the Tribunal directed the appellant to pre-deposit an amount of Rs. 2,00,000/- to enable the lower appellate authority to dispose of the appeal on merits. Issue 2: Invocation of extended period of limitation The demand was raised in a show-cause notice dated 26.12.2011, invoking the extended period of limitation due to alleged suppression of facts by the appellant. The appellant argued for a limitation plea and claimed a prima facie case against the demand. The department contended that relevant facts were suppressed by the appellant and discovered through audit. The Tribunal, upon review, was not convinced by the appellant's plea, leading to the requirement of pre-deposit for appeal compliance. Issue 3: Requirement of pre-deposit for appeal compliance The Tribunal, after considering the financial hardships plea by the appellant, directed a pre-deposit of Rs. 2,00,000/- to proceed with the appeal process. The appellant was instructed to report compliance to the Commissioner (Appeals) within six weeks for final disposal of the appeal without further pre-deposit requirements. Issue 4: Financial hardships plea by the appellant The appellant pleaded financial hardships during the proceedings. Despite this plea, the Tribunal mandated a pre-deposit amount to facilitate the appeal process, emphasizing compliance for the final disposal of the appeal without additional pre-deposit obligations. In conclusion, the Tribunal disposed of the appeal, set aside the impugned order, and resolved the stay application, outlining the pre-deposit requirement for appeal compliance and directing the Commissioner (Appeals) to proceed with the appellant's case on merits.
|
