2002 (11) TMI 562 - AT - Central Excise

Tribunal orders reduced pre-deposit, waives penalties pending appeal, grants partial relief

The Tribunal directed the appellants to make a reduced pre-deposit of Rs. 35 lakhs within a specified timeframe, waiving the balance of duty and penalties ... Stay/Dispensation of pre-deposit Issues:1. Pre-deposit requirement of Rs. 1,40,49,765/- as Modvat credit disallowed.2. Pre-deposit requirement of penalty under Rule 57-I of Central Excise Rules, 1944.3. Imposition of penalty of Rs. 10 lakhs on partner of the appellant-firm.4. Use of raw materials not in accordance with DoT specification.5. Allegations of blending different grades of HDPE granules and mixing carbon black.6. Financial condition of the appellants affecting pre-deposit.Analysis:1. The appellants were directed to pre-deposit a significant sum of Rs. 1,40,49,765/- as Modvat credit was disallowed. They argued that the raw materials purchased did not meet DoT specifications, necessitating the use of alternative materials to manufacture HDPE pipes. The appellants contended that they blended different grades of HDPE granules and mixed carbon black to meet DoT standards. They highlighted support from manufacturers confirming the feasibility of this process. Additionally, they emphasized financial constraints, requesting a waiver of the pre-deposit condition.2. Alongside the Modvat credit issue, a penalty under Rule 57-I of the Central Excise Rules, 1944 was imposed, further burdening the appellants financially. The counsel for the appellants referenced judgments emphasizing the duty of adjudicating authorities to provide clear findings on raised pleas, citing instances where orders were set aside due to inadequate consideration of submissions. The appellants argued against the imposition of penalties before the appeal's final hearing, citing financial hardships.3. Notably, a penalty of Rs. 10 lakhs was levied on a partner of the appellant-firm, adding another layer of financial strain. The appellants' representatives highlighted the nominal profits earned during the relevant financial year, underscoring the challenges posed by the substantial penalties and pre-deposit requirements.4. The core issue revolved around the use of raw materials not meeting DoT specifications for manufacturing HDPE pipes. The Commissioner's findings indicated that the appellants did not use the specified raw materials but availed Modvat credit on them for paying Central Excise duty. Reports from technical experts confirmed the unsuitability of the materials purchased for manufacturing HDPE pipes as per DoT standards, reinforcing the Commissioner's decision to disallow the Modvat credit.5. The appellants' argument of blending different grades of HDPE granules and mixing carbon black to produce pipes meeting DoT specifications was countered by detailed findings from the Commissioner. The Commissioner's analysis, supported by technical reports, concluded that the materials used were not suitable for the intended purpose, leading to the disallowance of Modvat credit and imposition of penalties.6. Considering the financial challenges faced by the appellants and the lack of a strong prima facie case in their favor, the Tribunal directed a reduced pre-deposit amount of Rs. 35 lakhs within a specified timeframe. The balance of duty and penalties was waived pending appeal, with a warning of dismissal if the pre-deposit was not made. Additionally, the pre-deposit requirement for the penalty on the partner of the appellant-firm was waived, with compliance and final hearing scheduled for a later date.