9911796707
TMI Blog2004 (12) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... 38 and 28 of Central Excise Tariff Act, 1985. The goods falling under Chapter 84, 38 28 of CETA were cleared on payment of duty and those falling under Chapter 71 were cleared without payment of duty. The Officers of Directorate General of Central Excise Intelligence (DGCEI) on intelligence that the applicants were manufacturing certain dutiable compounds of precious metals at an intermediate stage during the course of refining precious metals but were not discharging duty thereon carried out investigations. Based on these investigations show cause notice was issued asking the applicants to show cause as to why the compounds of precious metals namely yellow salt of platinum, yellow salt of palladium and Red salt of Rhodium manufactured by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 84 and 85. According to the applicants, therefore, there is no emergence of compounds of precious metal at the intermediate stage. They also contend that no marketable goods emerge in the process. They further contend that the demand is time barred, quantum of duty demanded is incorrect and no penalty is imposable. The applicants contend that they have a strong prima facie case in their favour hence insistence on pre-deposit of duty and penalties would cause them undue hardship. No financial hardship is claimed. 6. The Ld. Jt. CDR, Shri M.K. Gupta argued that the appellants themselves have admitted that the scrap/Spent catalyst is refined to obtain precious metal of highest purity. Such process involves chemical refining. Further, as pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Department is aware of the process of manufacture and therefore are aware that the salts do emerge has to be examined at a later stage. The applicants have not made out a strong prima facie case in their favour for total waiver of duty and penalty demanded/imposed. No financial hardship is claimed. 8. Having regard to these circumstances, we direct the appellant company to deposit Rs. 1.25 crores (Rupees One crore twenty five lakhs only) towards duty demand within 12 weeks from the date of this order. Upon such deposit, further deposit of duty and penalties imposed on the company and its Managing Director is waived during the currency of these appeals. Failure to deposit the amount directed will result in dismissal of the appeal itself wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
