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TMI Blog2013 (12) TMI 673X X X X Extracts X X X X X X X X Extracts X X X X ..... platinum – Waiver of Pre-deposit – Held that:- It is evident from the orders that the applicant manufactured the goods and therefore duty liability is on them - the applicants have not made a prima facie case for waiver of entire amount of duty, interest and penalties - the applicant has already deposited a sum of Rs.3,78,212.98 - the applicant is directed to deposit a further sum of Rupees three ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from spent catalyst and conversion of platinum into colloidal platinum amounts to manufacture in terms of Section 2(f) of the Central Excise Act, 1944 and further duty will be payable by the applicant or the principal manufacturer. The learned counsel submits that the process undertaken by them does not amount to manufacture. In support of his contention, he relied upon the decision of the Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the regeneration of catalyst out of spent catalyst would definitely amount to manufacture since the regenerated platinum catalyst is totally different from spent catalyst in terms of physical and chemical properties and as such new product has emerged having a different usage and value. We find that the adjudicating authority had considered the decision of Reliance Industries (supra). It is o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt has already deposited a sum of Rs.3,78,212.98. In view of that the applicant is directed to deposit a further sum of Rs.3,00,000/- (Rupees three lakhs only) within a period of eight weeks and report compliance on 23.5.2013. It is made clear that the amount of Rs.3,78,212.98 will be kept by the Department till disposal of the appeal. Subject to compliance with the above order, predeposit of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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