2009 (1) TMI 550 - AT - Central Excise

Court Upholds Appellant's Challenge on Duty & Penalty, Stays Pre-deposit Requirement

The court confirmed a duty and penalty under Sec. 4A of the Central Excise Act, 1944 against the appellant for not paying duty on yeast. The appellant's ... Stay/Dispensation of pre-deposit - Valuation Issues:1. Confirmation of duty and penalty under Sec. 4A of the Central Excise Act, 1944.2. Applicability of Sec. 4A in relation to Standards of Weights and Measures Act, 1976.3. Prima facie conclusion on the applicability of Sec. 4A based on the Standards of Weights and Measures Act, 1976.Analysis:1. The judgment confirmed a duty of Rs. 1,87,91,307 against the appellant for not paying duty on fresh and dry yeast under Sec. 4 but under Sec. 4A of the Central Excise Act, 1944. An equal penalty was also imposed. The appellant argued that criminal proceedings under the Standards of Weights and Measures Act, 1976 ended favorably for them, stating no requirement of affixing MRP on their product. The revenue filed a writ petition without a stay against this order.2. The Sec. 4A applicability hinges on the requirement of affixing MRP under the Standards of Weights and Measures Act, 1976. As per the Act, no MRP was needed for the appellant's product. The judgment emphasized that decisions of authorities under a specific Act must be respected, and the Excise Act authorities cannot challenge them. Therefore, the insistence on affixing MRP and invoking Sec. 4A by the revenue was not upheld at a prima facie stage. The court dispensed with the pre-deposit conditions and granted a stay.3. The judgment concluded that since the authorities under the Standards of Weights and Measures Act, 1976 had ruled against the necessity of MRP on the product, the revenue's claim for applying Sec. 4A was not valid at that stage. The court agreed with the appellant's stance and allowed the stay petition by setting aside the duty, interest, and penalty pre-deposit requirements.