2014 (1) TMI 463 - AT - Central Excise

Mis-declaration of the clearances of the final products Waiver of Pre-deposit Held that - The appellant had already deposited an amount of Rs.66.89 lakhs - the appellants are contesting the issue on merits, the amount already deposited by the appellant is enough deposit to hear and dispose the appeals - waiver of pre-deposit of the balance amount allowed till the disposal Stay granted.

Summary

Issues: Stay petitions for waiver of pre-deposit of duty demand, penalty, and interest amounts confirmed by the adjudicating authority due to mis-declaration of clearances of final products.

Analysis:
1. Waiver of Pre-deposit for M/s. Rohan Automotive Equipment Pvt. Ltd.:
The appellant, M/s. Rohan Automotive Equipment Pvt. Ltd., sought a waiver of pre-deposit for duty demand of Rs.2,37,06,413, penalty of Rs.2,37,06,413, and applicable interest. The counsel argued that out of the total demand, the appellant had already deposited Rs.66.89 lakhs in cash and was eligible for cenvat credit of Rs.1.70 crores, as confirmed by the Deputy Commissioner, Central Excise. Additionally, they had paid Rs.14.87 lakhs. The Tribunal acknowledged the eligibility of cenvat credit and the deposited amounts. Considering the appellant's contestation of the issue on merits, the Tribunal allowed the waiver of pre-deposit for the remaining amounts, staying the recovery until the disposal of appeals.

2. Waiver of Pre-deposit for Shri Upendrabhai C. Shah:
Shri Upendrabhai C. Shah did not face duty demand but was subject to a penalty of Rs.2,00,000. No interest liability was mentioned. The Tribunal's decision focused on M/s. Rohan Automotive Equipment Pvt. Ltd., and did not provide specific details regarding the waiver of pre-deposit for Shri Upendrabhai C. Shah. However, it can be inferred that similar principles of eligibility for credit and deposited amounts would apply in this case as well, leading to a potential waiver of pre-deposit for the penalty amount, subject to contestation on merits.

In conclusion, the Tribunal granted the waiver of pre-deposit for the appellants, allowing the stay of recovery until the disposal of appeals based on the deposited amounts and the contestation of the issues on merits. The decision highlighted the importance of considering the appellant's financial compliance and the merit of the case in determining the necessity of pre-deposit waivers in tax matters.