2013 (11) TMI 1141 - AT - Central Excise

Clandestine removal of Aluminium Die Casting Parts Goods cleared without proper documents Goods seized u/s 11- of Customs Act, 1962 r.w. Rule 24 of Central Excise Rules Waiver of Pre-deposit Held that - The appellants have deposited an amount towards Central Excise Duty liability admitted by them the amount already deposited and appropriated by the lower authority is sufficient for hearing these appeals - the pre-deposit waived till the disposal Stay granted.

Summary

Issues:
Stay applications against penalties confirmed by Commissioner (Appeal)

Analysis:
The appellants, engaged in manufacturing Aluminium Die Casting Parts for Automobiles, faced penalties confirmed by the Commissioner (Appeal) in the impugned order for duty evasion. Central Excise officers conducted searches at various premises and seized finished and semi-finished goods. A Show Cause Notice was issued, leading to the confiscation of goods and imposition of penalties under Section 11AC. The Adjudicating Authority also confiscated Indian currency and demanded Central Excise duty. The Commissioner (Appeal) dropped the duty and interest confirmation but maintained penalties on the appellants. M/s Goyal Auto Product Pvt. Ltd. and directors sought waiver of pre-deposit and stay of recovery for the imposed penalties.

The Commissioner (Appeal) reduced the redemption fine for the release of Indian currency but upheld penalties on the appellants. In the appeal, the Tribunal considered the amount already deposited by the appellants towards Central Excise Duty liability. Finding the deposited amount sufficient, the Tribunal waived the pre-deposit and granted a stay on the penalties imposed on M/s Goyal Auto Product and its directors until the disposal of the appeals. Consequently, the stay petitions were allowed, providing relief to the appellants during the appeal process.

This detailed analysis of the judgment highlights the issues surrounding the penalties imposed on the appellants for duty evasion, the actions taken by the authorities, and the Tribunal's decision to grant a stay on the penalties based on the amount already deposited by the appellants.