Waiver of predeposit and stay of recovery granted for clinker cleared to SEZ units under Notification No. 67/95-CE.

Interim relief was considered for duty, interest and penalty demanded on clinker cleared to units in a Special Economic Zone, in the context of Notification No. 67/95-CE and its proviso relating to exempt final products. The Tribunal noted that an identical issue involving the same assessee had already been dealt with earlier, where predeposit had been waived and recovery stayed. Following that earlier approach and without departing from it, the Tribunal granted waiver of predeposit and stayed recovery of the disputed amounts during pendency of the appeal.

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Issues: Whether waiver of predeposit and stay of recovery should be granted in respect of duty, interest and penalty demanded on clinker cleared to units in the Special Economic Zone, in the light of Notification No. 67/95-CE and the proviso relating to exempt final products.

Analysis: The Tribunal noted that an identical issue involving the same assessee had already been considered earlier, where predeposit was waived and recovery stayed. Following that earlier order, and without departing from the earlier view, the Tribunal applied the same approach to the present application for interim relief.

Conclusion: Waiver of predeposit was granted and recovery of the amounts in dispute was stayed during pendency of the appeal.

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