2013 (7) TMI 671 - AT - Central Excise

Tribunal Grants Stay, Waives Pre-Deposit for Duty Demand, Interest, and Penalty

BAJAJ HINDUSTAN LTD. Versus COMMISSIONER OF C. EX., ALLAHABAD

The Tribunal allowed the appellant's stay application, waiving the pre-deposit condition for duty demand, interest, and penalty under Section 35F of the ... Stay Application – Pre-deposit - Appellant engaged in the manufacture of V.P. sugar and molasses - Cenvat credit on various inputs namely, M.S. sheets, plates, sections, lock washer, S.S. tubes, pipes, ropes, Roller EN-8, bagasse carrier, joint roller, ERW boiler tube, valve, etc. – Held that:- Items in question against which Cenvat credit has been disallowed have been used for fabrication/manufacture of “Boiler house” which is essential for manufacture of excisable final product - Prima facie there is no justification for denial of Cenvat credit on the impugned goods - Strong prima facie case for waiver of condition of pre-deposit of duty demand, interest and penalty - Stay application is allowed – Decided in favor of Assessee. Issues:- Waiver of duty demand, interest, and penalty under Section 35F of the Central Excise Act, 1944.Analysis:The appellant sought waiver of duty demand of Rs. 2,57,330/- along with interest and penalty. The appellant, engaged in the manufacture of V.P. sugar and molasses, claimed Cenvat credit on various inputs during October 2008 to August 2009. The Department contended that the claimed items were not eligible inputs for Cenvat credit, leading to a show cause notice proposing disallowance of the credit and raising the demand. The Assistant Commissioner confirmed the duty demand with interest and imposed an equal amount of penalty. The Commissioner (Appeals) upheld this decision, prompting the appellant to file an appeal and an application under Section 35F of the Central Excise Act, 1944.The appellant's representative argued that the impugned order was legally unsustainable as the goods in question were parts and accessories of capital goods used in the factory for manufacturing excisable products. It was highlighted that the inputs were essential for the production of sugar, specifically for the fabrication of the 'Boiler house.' The appellant contended that the authorities failed to appreciate the crucial role of these inputs in the manufacturing process, justifying the waiver of the pre-deposit condition.On the other hand, the Revenue's representative supported the impugned order, asserting that the Cenvat credit was rightly disallowed as the items were neither inputs nor used in the manufacture of capital goods. The Revenue urged the dismissal of the stay application.After considering the arguments and examining the record, the Tribunal found that the items for which the Cenvat credit was disallowed were indeed used in the fabrication and manufacture of the 'Boiler house,' essential for the production of the final excisable product. Consequently, the Tribunal held that there was a strong prima facie case for waiving the condition of pre-deposit for duty demand, interest, and penalty. As a result, the stay application was allowed, and the recovery was stayed, with the appeal to be listed in due course.