Tribunal waives Rs.8,13,046 personal penalty predeposit under Central Excise Rules The Tribunal granted relief to the applicant by waiving the predeposit of the personal penalty amounting to Rs.8,13,046 imposed under Rule 26 of the ...
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Tribunal waives Rs.8,13,046 personal penalty predeposit under Central Excise Rules
The Tribunal granted relief to the applicant by waiving the predeposit of the personal penalty amounting to Rs.8,13,046 imposed under Rule 26 of the Central Excise Rules, 2002. The Tribunal linked this case with previous decisions and allowed the stay petition, staying the penalty's recovery during the appeal process.
Issues: Application for waiver of predeposit of personal penalty under Rule 26 of the Central Excise Rules, 2002.
Analysis: 1. The issue in this case pertains to an application for waiver of predeposit of personal penalty amounting to Rs.8,13,046 imposed under Rule 26 of the Central Excise Rules, 2002. The period involved is from April 2007 to September 2009, concerning the determination of the assessable value of body built vehicles by the applicant on chassis supplied by Tata Motors Ltd. The Tribunal had previously addressed a similar issue in the cases of M/s Hyva (I) Pvt. Ltd. & Others vs. Commr. of Central Excise, Jamshedpur, where they directed Tata Motors to deposit Rs.2.00 Crores and waived the balance dues. The Tribunal noted that the present stay application was not heard due to lack of instructions from the applicant at the time, leading to the decision to waive the predeposit of penalty and stay its recovery during the appeal's pendency.
2. The advocate representing the applicant argued that the issue had already been decided by the Tribunal in the mentioned cases, while the Revenue's representative also acknowledged the Tribunal's previous decision. After hearing both sides and examining the records, the Tribunal found that the issue had indeed been considered previously, leading to the decision to waive the predeposit of penalty imposed on the applicant in the current case. The Tribunal linked this appeal with the Appeal Nos. of M/s Hyva (I) Ltd., M/s Tata Motors Ltd., etc., and allowed the stay petition, thereby granting relief to the applicant by waiving the penalty and staying its recovery during the appeal process.
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