2013 (11) TMI 1101 - AT - Central Excise

Availment of CENVAT Credit Machineries supplied Payment made through A/c Payee cheque Waiver of Pre-deposit Held that - The machineries were received by the Applicant and installed in their factory and the entire sale proceeds were paid by the Applicant to M/s. Saha Industries through A/C Pay Cheques the Applicant could able to make out a prima facie case for total waiver of pre-deposit of all dues - all dues waived and its recovery stayed till the disposal - Stay granted.

Summary

Issues:
- Seeking waiver of pre-deposit of CENVAT Credit and penalty under Rule 15(2) of Cenvat Credit Rules, 2004 read with Section 11AC of Central Excise Act, 1944.

Analysis:
The Applicant filed an Application seeking waiver of pre-deposit of CENVAT Credit and penalty. The Applicant had purchased machineries from M/s. Saha Industries and availed CENVAT Credit based on the invoices issued by them. An enquiry was initiated against M/s. Saha Industries alleging non-manufacture and non-supply of goods to the Applicant. The Applicant argued that the goods were received, installed in their factory, and payments were made through 'A/C Payee' Cheques. The Applicant cited a previous Tribunal case where unconditional stay was granted in a similar situation. The Tribunal found that the issue involved the availment of CENVAT Credit on machineries supplied by M/s. Saha Industries. As the machineries were received, installed, and paid for, the Tribunal concluded that the Applicant had a prima facie case for total waiver of predeposit of all dues adjudged. Therefore, all dues adjudged were waived, and recovery stayed during the pendency of the Appeals. The Stay Petitions were allowed.

This judgment highlights the importance of establishing a prima facie case when seeking waiver of pre-deposit of CENVAT Credit and penalties under relevant rules and acts. The Tribunal considered the facts of the case, including the receipt and installation of goods, method of payment, and similarity to previous cases. The decision was based on the Applicant's ability to demonstrate a valid case for the waiver, emphasizing the need for clear evidence and legal arguments to support such requests. The reference to a previous Tribunal case further strengthened the Applicant's position and influenced the Tribunal's decision in granting the waiver and stay of recovery during the appeal process.