Tribunal grants waiver of pre-deposit for penalties in favor of appellant Company

The Appellate Tribunal CESTAT AHMEDABAD allowed the appellant's stay petition for the waiver of pre-deposit of confirmed amounts and penalties imposed on the appellant Company and its authorized signatory. Relying on precedents, including Solar Chemferts Pvt. Limited, the Tribunal granted the waiver based on the appellant's case. Recovery was stayed pending appeal disposal.

---

---

Issues involved: Stay petition for waiver of pre-deposit of amounts confirmed by adjudicating authority, imposition of penalties on the appellant Company, and personal penalty on the authorized signatory.

The Appellate Tribunal CESTAT AHMEDABAD considered a stay petition filed by the appellant for the waiver of pre-deposit of amounts confirmed by the adjudicating authority, including penalties imposed on the appellant Company and a personal penalty on the authorized signatory. The appellant had defaulted in making payments as per the facility granted under Rule 8 of Central Excise Rules, 2002. The Tribunal noted that the issue seemed to be covered by previous decisions, including the case of Solar Chemferts Pvt. Limited. Relying on decisions in other cases such as Baba Viswakarma Engg. Company Pvt. Limited, Saurashtra Cement Limited, and Lloyds Steels Industries Limited, the Tribunal found that the appellant had made a case for the waiver of pre-deposit of amounts involved. Consequently, the applications for the waiver of pre-deposit were allowed, and recovery was stayed pending the disposal of appeals.

---