2013 (11) TMI 1178 - AT - Central Excise

Court grants waiver of remaining balance amounts for Cenvat credit, penalties, and interest in fire accident case

The court allowed the appellant's applications for waiver of pre-deposit of the remaining balance amounts related to Cenvat credit demanded, penalty, and ... Cenvat credit to be reversed – Inputs sent to the job worker but destroyed by fire – Waiver of Pre-deposit – Held that:- The inputs which were sent to the job worker, if they are destroyed by fire at the job worker’s end and if the job worker has informed by the local authorities in accordance with law, there is no need of reversal of the cenvat credit - Following SABERO ORGANICS GUJARAT LTD. Versus COMMISSIONER OF C. EX., VAPI [2008 (11) TMI 142 - CESTAT AHMEDABAD] - the amounts deposited by the appellant can be considered as enough deposit to hear and dispose the appeal – Application of waiver of the pre-deposit of the amounts involved are considered and allowed – Stay granted. Issues:Stay petitions for waiver of pre-deposit of Cenvat credit demanded, penalty, and interest on amounts confirmed by adjudicating authority and upheld by first appellate authority due to destruction of inputs sent to job worker in a fire accident.Analysis:The appellant filed three stay petitions seeking waiver of pre-deposit of Cenvat credit demanded, penalty, and interest on amounts confirmed by the adjudicating authority and upheld by the first appellate authority. These amounts were related to inputs sent to a job worker that got destroyed in a fire accident. The appellant had already deposited certain amounts against specific appeals related to central excise duty on inputs destroyed at the job worker's premise. The appellant argued that in a previous case, the tribunal had ruled that if inputs were not sent to the job worker and were destroyed by fire, there was no need for reversal of Cenvat credit. The Departmental Representative contended that there were discrepancies in the values of amounts reversed by the appellant and those indicated in the documents sent to the job worker.Upon considering the submissions and records, the judge found merit in the appellant's contentions. Referring to the previous tribunal order and a Larger Bench decision, the judge concluded that if inputs sent to the job worker were destroyed by fire and the job worker informed the local authorities as required by law, there was no need to reverse the Cenvat credit. The issue in the current appeals seemed similar to the one decided in the appellant's previous case. The judge noted that the amounts already deposited by the appellant were sufficient for hearing and disposing of the appeals. However, considering the pending remission application, the judge allowed the applications for waiver of pre-deposit amounts.Consequently, the applications for waiver of pre-deposit of the remaining balance amounts were allowed, and recovery of those amounts was stayed until the appeals were disposed of. The judge dictated and pronounced the order in court, granting relief to the appellant in light of the circumstances surrounding the destruction of inputs at the job worker's premises.