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of <h1>Waiver of Duty & Penalties Granted by CESTAT for Manufacturer in Clandestine Clearance Case</h1> The Appellate Tribunal CESTAT, Mumbai granted waiver of pre-deposit of duty and penalties for a manufacturer and officers accused of clandestine clearance ... Stay/Dispensation of pre-deposit - Clandestine removal Issues:1. Waiver of pre-deposit of duty and penalty for manufacturer and officers.2. Alleged clandestine clearance of components/parts of Drip/Sprinkler Irrigation System.3. Eligibility for exemption under Notification No. 46/94.4. Fixation of final hearing date due to duty amount exceeding Rs. 8 crores.Analysis:1. The Appellate Tribunal CESTAT, Mumbai heard applications for waiver of pre-deposit of duty and penalty imposed on the manufacturer and officers. The department alleged that the manufacturer clandestinely cleared components of an Irrigation System, necessitating duty payment and penalties. However, the Tribunal found a strong prima facie case for waiver, noting that the goods fell under Chapter Heading 84.24 and were eligible for exemption under Notification No. 46/94. As the products were deemed exempt from duty payment, the Tribunal waived pre-deposit of duty and penalties, staying recovery pending appeals.2. The case revolved around the alleged clandestine clearance of components of the Drip/Sprinkler Irrigation System by the manufacturer. The department contended that duty payment and penalties were warranted for the period in question. However, the Tribunal's analysis revealed that the goods were eligible for exemption under the Central Excise Tariff Act, 1985. As a result, the confirmation of duty demand was deemed unnecessary, given the goods' exemption status. This finding led to the waiver of pre-deposit of duty and penalties.3. The Tribunal highlighted the eligibility of the products for exemption under Notification No. 46/94, a crucial aspect in the judgment. Despite the department's claims of clandestine removal, the Tribunal emphasized that the goods fell within the exemption category, absolving the manufacturer from duty payment. This determination played a significant role in the decision to waive the pre-deposit of duty and penalties, underscoring the importance of correctly assessing the goods' classification and associated exemptions.4. Considering the substantial duty amount exceeding Rs. 8 crores, the Tribunal fixed a final hearing date for the appeals on 4th June 2007. This decision was pivotal due to the financial magnitude of the duty involved, necessitating a structured timeline for the resolution of the appeals. By setting a definitive date for the final hearing, the Tribunal aimed to expedite the adjudication process and provide a clear pathway for addressing the complex legal and financial aspects of the case.This detailed analysis of the judgment from the Appellate Tribunal CESTAT, Mumbai underscores the key issues of waiver of pre-deposit, alleged clandestine clearance, exemption eligibility, and the fixation of a final hearing date, providing a comprehensive overview of the legal intricacies and decisions made in the case.
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