2005 (4) TMI 419 - AT - Central Excise

Tribunal grants waiver of pre-deposit & stay of recovery for duty & penalty amounts.

The tribunal granted the waiver of pre-deposit and stay of recovery for the duty and penalty amounts demanded from the appellants for the period from ... Stay/Dispensation of pre-deposit Issues:1. Demand of duty and penalty on the appellants for the period March 2000 to March 2002.2. Appeal for waiver of pre-deposit and stay of recovery in respect of the duty and penalty amounts.3. Inconsistencies in the findings of the Commissioner regarding the nature of the assessee's business.Analysis:1. The judgment addresses the demand of duty amounting to Rs. 54,21,354 and a penalty of Rs. 50 lakhs on the appellants for the period from March 2000 to March 2002. The appellants sought waiver of pre-deposit and stay of recovery concerning these amounts. The consultant for the appellants argued that the demand of duty was not justified based on the findings in the impugned order. It was highlighted that a previous appeal by the same assessee, involving similar facts, was remanded due to the denial of natural justice by the lower authorities. The SDR representing the respondent reiterated the adjudicating authority's findings.2. The judgment delves into the request for waiver of pre-deposit and stay of recovery made by the appellants. The Commissioner's order was scrutinized, revealing inconsistencies in the assessment of the assessee's status. The Commissioner had labeled the assessee both as a manufacturer of the goods and as hired laborers of the manufacturer, leading to conflicting conclusions. The impugned order specified that the concept of the job worker being a manufacturer did not apply to this particular assessee. These discrepancies in the Commissioner's findings provided a strong prima facie case for the appellants against the duty demand. Consequently, the tribunal granted the waiver of pre-deposit and stay of recovery for the duty and penalty amounts.3. The judgment emphasizes the importance of ensuring consistency in the findings of the adjudicating authority to uphold the principles of natural justice. The discrepancies in the Commissioner's assessment of the assessee's role as a manufacturer versus hired laborers underscore the need for clarity and coherence in decision-making processes. By granting the waiver of pre-deposit and stay of recovery, the tribunal acknowledged the critical nature of accurate and consistent findings in matters of duty demands and penalties, safeguarding the rights of the appellants in the legal proceedings.