2015 (2) TMI 37 - AT - Central Excise

Waiver of predeposit - Suppression of production of ignots - Revenue is relying upon the private records recovered from the premises which show datewise and heatwise production of ingots - Held that - Number of ingots manufactured as per the private records is much more than the number of ingots manufactured as shown in the official heat register. Similarly, ingot movement from SSPL to KSPL register also shows the clearances of ingots to KSPL which is not reflected in the statutory records. In view of these, we find that the applicants had not made out a case for total waiver dues. After considering the facts and circumstances of this case, plea of financial hardship and interest of Revenue as provided in Section 35F, the applicant M/s. SSPL is directed to deposit an amount equal to 50% of the duty confirmed within a period of 8 weeks. On deposit of the same, the requirement of predeposit of remaining dues is waived and recovery of the same is stayed in respect of both the appeals. - Partial stay granted.

Summary

Issues: Application for waiver of predeposit of duty, interest, and penalty by M/s. Singareni Steel Pvt. Ltd. and M/s. Kinnera Steels Pvt. Ltd. based on alleged suppression of production of ingots and MS bars, financial hardship plea, discrepancies between private and official records, and the authenticity of private records.

Analysis:
1. Alleged Suppression of Production:
- The Revenue alleged that M/s. Singareni Steel Pvt. Ltd. (SSPL) suppressed the production of ingots during specific periods, leading to duty demands based on private records recovered from the premises.
- Private records showed discrepancies compared to official records, indicating more production in private registers than in official heat registers.
- The contention of SSPL was that the difference in production figures was due to wastage and burning losses, and the author of the private records was not examined by the Revenue.
- The Tribunal found that the entries in private records significantly exceeded the production shown in official records, leading to a directive for SSPL to deposit 50% of the confirmed duty amount within 8 weeks.

2. Authenticity of Private Records:
- The private records, including the 'Ingot Movement from SSPL to KSPL' register, were crucial in determining the alleged suppression of production and clearances of ingots.
- SSPL argued that the ingots sent to KSPL were for weighment purposes, and the quantities were reconciled, disputing the Revenue's claims.
- The Tribunal noted that discrepancies between private and official records, especially in ingot movements, were not adequately explained by SSPL, leading to the decision on partial deposit of confirmed duty.

3. Financial Hardship Plea:
- Both SSPL and Kinnera Steels Pvt. Ltd. (KSPL) cited financial hardship due to the closure of their units, requesting a waiver of predeposit to avoid undue hardship.
- Despite the plea, the Tribunal considered the facts, circumstances, and the interest of Revenue under Section 35F, leading to the directive for SSPL to make the partial deposit within a specified timeframe.

4. Decision and Conclusion:
- The Tribunal, after examining the contentions of both parties, found that SSPL failed to substantiate a case for a complete waiver of dues based on the discrepancies between private and official records.
- Consequently, SSPL was directed to deposit 50% of the confirmed duty amount within 8 weeks, with the remaining predeposit requirement waived, and recovery stayed for both appeals.
- The compliance report was scheduled for a specific date to ensure adherence to the directive, emphasizing the importance of meeting the financial obligations as determined by the Tribunal.