2009 (5) TMI 693 - AT - Central Excise

Tribunal imposes Rs. 10,00,000 pre-deposit on appellants for Cenvat credit issue. Stay extended per SC ruling. Final disposal pending.

TOSHALI CEMENTS PVT. LTD. Versus COMMR. OF C. EX., VISAKHAPATNAM

TOSHALI CEMENTS PVT. LTD. Versus COMMR. OF C. EX., VISAKHAPATNAM - 2009 (247) E.L.T. 687 (Tri. - Bang.) Issues: Stay petition regarding irregular Cenvat credit, interest, and penalty under Cenvat Credit Rules, 2004 and Central Excise Act, 1944.Analysis:1. Cenvat Credit Irregularity: The appellant sought a stay on the demand for Cenvat credit amounting to Rs. 79,92,760, which was allegedly irregularly taken on inputs used for manufacturing 'Slag Cement' and 'Ground Granulated Blast Furnace Slag.' The appellant argued that the credit was erroneously demanded as the inputs were used for dutiable products, and the credit utilized proportionately was lower at Rs. 52,03,567. The Tribunal referred to a previous case ruling that the process of converting GBS to GGBS does not amount to manufacture, indicating that the credit for GGBS production may not be available. However, further analysis was deemed necessary to ascertain the export status of GGBS, which could impact the case's outcome at the final hearing.2. Pre-Deposit Condition: The Tribunal acknowledged that the appellant had not established a prima facie case for a complete waiver of the dues. Consequently, a pre-deposit condition was imposed, requiring the appellants to deposit Rs. 10,00,000 within two months. Upon compliance, the pre-deposit condition for the remaining amounts was waived, and recovery stayed until the appeal's disposal. This stay was extended beyond 180 days per a Supreme Court judgment. The matter was scheduled for final disposal on a specified date following the request of both parties, ensuring due process and a fair opportunity for further arguments and evidence presentation.