2015 (10) TMI 2609 - AT - Central Excise

CESTAT Kolkata: Deposit 7.50% of duty to waive penalties, appeal stay pending. Failure leads to dismissal.

The Appellate Tribunal CESTAT KOLKATA directed the applicant to deposit 7.50% of the total duty confirmed, amounting to Rs. 21.00 Lakhs within eight ... Valuation - large cooling towers cleared from their factory in knocked down condition and installed at site - appellant's claim that such a large cooling tower cannot come into existence at their factory, hence the parts/components which were manufactured and cleared from the factory are only leviable to duty and not the entire cooling tower comprising both manufactured and bought out items. Held that: - for earlier period this Tribunal after considering all aspects of the case has directed the applicant to deposit 50% of the duty and proportionate interest pending disposal of the appeal - keeping in view the present trend in the light of amended section 35F of Central Excise act, 1944, in our opinion, it is appropriate to direct the applicant No.1 to deposit 7.50% of the total duty confirmed - appeal disposed off - decided partly in favor of appellant. Issues:Seeking waiver of total pre-deposit of excise duty, penalty under section 11AC of Central Excise Act, 1944, and personal penalty under section 26 of the Central Excise Rules, 2002.Analysis:The judgment revolves around the demand confirmation due to the incorrect assessable value declaration of large cooling towers. The applicant's argument is that only parts and components manufactured in the factory, not the entire cooling tower, should be leviable to duty. The Revenue argues that the Tribunal previously directed a pre-deposit for a similar issue. The Tribunal notes that the chargeability of duty on the total value, including bought out items, depends on evidence evaluation. Considering the amended section 35F of the Central Excise Act, 1944, the Tribunal directs the applicant to deposit 7.50% of the total duty confirmed, amounting to Rs. 21.00 Lakhs within eight weeks. Upon deposit, the balance dues against the applicant and the personal penalty against the Chairman would be waived, with recovery stayed pending appeal disposal. Non-compliance would lead to dismissal of both appeals without further notice.This judgment addresses the issue of pre-deposit waiver for excise duty and penalties imposed under relevant sections. The crux of the matter lies in the correct assessable value declaration of large cooling towers. The Tribunal considers the applicant's argument regarding the duty leviability on manufactured parts versus the entire cooling tower comprising both manufactured and bought out items. The Revenue's reference to a previous Tribunal order for pre-deposit adds context to the decision-making process. The Tribunal emphasizes the importance of evidence evaluation in determining the duty chargeability on the total value, including bought out items, highlighting the need for a balanced approach in such cases.Furthermore, the Tribunal's decision takes into account the amended section 35F of the Central Excise Act, 1944, which influences the direction on the pre-deposit amount. By directing the applicant to deposit 7.50% of the total duty confirmed within a specified timeframe, the Tribunal aims to strike a fair balance between the parties involved. The judgment outlines the consequences of non-compliance, underscoring the significance of meeting the deposit requirements to avoid dismissal of the appeals. Overall, the detailed analysis provides a comprehensive understanding of the legal intricacies and considerations involved in the judgment delivered by the Appellate Tribunal CESTAT KOLKATA.