2007 (3) TMI 427 - AT - Central Excise

Tribunal grants waiver of pre-deposit, stays recovery pending appeal.

The Tribunal ruled in favor of the appellant, granting a waiver of pre-deposit of duty and penalties. The decision was based on the lack of merit in the ... Stay/Dispensation of pre-deposit Issues Involved:Confirmation of demand of Central Excise duty, imposition of penalties on the company and its employees, confiscation of plant & machinery, land & building, mis-declaration of final product, use of polyester staple fibre waste (PSFW) in manufacture, limitation of demand period, analysis of input materials, exemption eligibility based on input material, waiver of pre-deposit of duty and penalties.Detailed Analysis:1. Confirmation of Demand and Penalties:The case involved stay applications against an Order-in-Original confirming the demand of Central Excise duty, penalties on the company and its employees, and confiscation of assets. The Directorate of Anti-evasion officers visited the company premises, leading to the conclusion that the company mis-declared the final product and availed unauthorized benefits. Show cause notices were issued, resulting in the confirmation of demand, penalties, and confiscation.2. Mis-declaration of Final Product:The main issue was the alleged mis-declaration of the final product by the company. The Revenue contended that the company did not use polyester staple fibre waste (PSFW) as claimed but used polyester staple fibre (PSF) in manufacturing. The period in dispute was from April 1992 to February 1995. The company argued that previous adjudication orders up to December 1994 favored them, and the demand for the subsequent period was time-barred.3. Analysis of Input Materials:The Revenue relied on the analysis of input samples drawn in December 2004, which indicated the use of PSF instead of PSFW. The company purchased material at a rate comparable to PSF, raising doubts about the nature of the input. However, previous adjudication orders in favor of the company up to December 1994 and the Tribunal's decision in a related case supported the company's position.4. Limitation of Demand Period:The company argued that the show cause notice issued in July 1996 for the period from April 1992 to February 1995 was time-barred. They highlighted that previous show cause notices and adjudication orders had already settled the issue up to December 1994, making the extended period notice invalid due to limitation.5. Waiver of Pre-deposit:Considering the arguments presented, the Tribunal found merit in the company's contentions regarding the demand, penalties, and limitation. Consequently, the Tribunal granted a complete waiver of pre-deposit of duty and penalties, staying the recovery until the appeal's disposal. The appeals were scheduled for expedited hearing due to the substantial amount involved.In conclusion, the Tribunal ruled in favor of the appellant, granting a waiver of pre-deposit based on the lack of merit in the Revenue's contentions, the issue of limitation, and the previous adjudication orders supporting the appellant's position.