2013 (11) TMI 1208 - AT - Central Excise

Eligibility for Refund Claim Waiver of Pre-deposit Held that - Both the Revenue and the assessee are in appeal before Hon ble High Court of Gujarat on an issue that arose due to final order of this Bench in appellants case and the issue in the current appeal being consequence of such final order - the ends of justice will be met if the matter is taken up for disposal only after the judgment of their Lordships in Tax Appeals filed by both sides - Prima facie the appellant has made out a case for waiver of the amounts involved - the application for waiver of pre-deposit of the amounts allowed stay granted.

Summary

Issues involved:
- Stay petition for waiver of pre-deposit of interest amounting to Rs.11,30,358/- confirmed by lower authorities.
- Interpretation of the final order in the appellant's own case in Appeal No. E/167/2007 and No. E/15/2008.
- Appeal before the Hon'ble High Court of Gujarat in Tax Appeal No.922 of 2011 by both the Revenue and the assessee.

Analysis:

1. The Stay Petition was filed seeking a waiver of the pre-deposit of interest amounting to Rs.11,30,358/- as confirmed by the lower authorities. The issue in question was a continuation from the final order in the appellant's own case in Appeal No. E/167/2007 and No. E/15/2008. The Bench had previously confirmed a demand of Rs.42.12 lakhs with interest, set aside a demand of Rs.1.36 lakhs, and determined the appellant's eligibility for a refund subject to verification by the lower authorities. The lower authorities concluded that the appellant was eligible for a refund of Rs.79.67 lakhs but adjusted it against the confirmed demand and interest liability. Both the Revenue and the assessee had filed appeals before the Hon'ble High Court of Gujarat, challenging the orders. Given the pending appeals before the High Court, it was deemed appropriate to await the judgment of the High Court before disposing of the current matter.

2. Considering the circumstances and the pending appeals, the Tribunal found that the appellant had established a case for the waiver of the amounts involved. Consequently, the application for the waiver of pre-deposit of Rs.11.30 lakhs was allowed, and the recovery was stayed until the disposal of the appeal. This decision was made to ensure that the ends of justice would be met, especially given the interconnected nature of the issues and the pending appeals before the High Court.

This detailed analysis of the judgment outlines the issues involved, the background of the case, the decisions made by the Tribunal, and the reasons behind those decisions, providing a comprehensive understanding of the legal proceedings and the rationale behind the judgment.