2009 (3) TMI 714 - AT - Central Excise

Tribunal dismisses Revenue's Stay Petition, directs assessee to pre-deposit duty.

COMMR. OF C. EX., NAGPUR Versus BILT GRAPHIC PAPER PRODUCTS LTD.

The Tribunal dismissed the Revenue's Stay Petition as granting a stay would result in the restoration of penalties, enabling the Revenue to recover them, ... Stay/Dispensation of pre-deposit - Cenvat/Modvat Issues:1. Stay petition by the Revenue regarding setting aside of penalties.2. Stay petition by the assessee regarding confirmation of duty.Analysis:1. The case involved a Stay Petition by the Revenue concerning the setting aside of penalties imposed by the Asstt. Commissioner. The Commissioner (Appeals) had confirmed the duty demand but set aside the penalties. The Tribunal dismissed the Revenue's Stay Petition as granting a stay would result in the restoration of penalties, enabling the Revenue to recover them, which was not permissible at the interim stage. The issue was deferred for the final hearing.2. The Stay Petition by the assessee related to the confirmation of duty. The assessee, a paper manufacturer, sent papers for processing to a job worker who purchased chemicals and used them in the processing. The job worker then invoiced the assessee for passing on Cenvat Credit. The Tribunal noted that the assessee availed credit on chemicals not received in their factory, violating Cenvat Credit Rules. Case laws cited by the assessee were deemed inapplicable as they related to previous rules. The Tribunal directed the assessee to pre-deposit a specified amount towards duty within a deadline, failing which the appeal would be dismissed without further notice.This detailed analysis of the judgment highlights the key issues of the Stay Petitions filed by both the Revenue and the assessee, providing a comprehensive understanding of the Tribunal's decision and the legal reasoning behind it.