2014 (1) TMI 781 - AT - Central Excise

CESTAT Bangalore Grants Waiver & Stay, Emphasizes Compliance

The Appellate Tribunal CESTAT Bangalore granted waiver and stay for the penalty, duty, and interest amounts imposed on the appellant and Managing ... Waiver of pre-deposit – Deposits already made sufficient or not – Held that:- The duty payable comes to Rs.13,29,803 - asessee contended that more than this has been pre-deposited by the assessee - the assessee directed to deposit further amount – the assessee offered to make a pre-deposit of a further sum of Rs.3 lakhs which is accepted – upon such submission rest of the amount to be stayed till the disposal – Partial stay granted. Issues:1. Application for waiver and stay of adjudged dues.2. Valuation issue regarding duty payment.3. Pre-deposit amount by the assessee.4. Additional pre-deposit amount offered by the appellant.5. Direction for further pre-deposit and compliance.Analysis:The judgment by Appellate Tribunal CESTAT Bangalore involved several key issues. Firstly, the appellants filed applications seeking waiver and stay concerning the adjudged dues amounting to Rs.30,20,916/- along with an equal penalty. The assessee had pre-deposited Rs.15,10,500/- as per the interim order by the Commissioner(Appeals), with the Managing Director also pre-depositing Rs.1 lakh. The Tribunal considered the valuation issue, noting that the assessee failed to strictly follow the Ujagar Prints formula for duty payment up to a certain date. It was highlighted that duty was paid based on job work charges in some cases, resulting in a duty payable of Rs.13,29,803/-. The Tribunal, after hearing both sides, directed the appellant to make a further pre-deposit, with the counsel offering Rs.3 lakhs, which was deemed reasonable under the circumstances. Compliance with this pre-deposit was set within six weeks, with reporting deadlines specified for verification. Upon due compliance, waiver and stay were granted for the penalty imposed on the appellant and the Managing Director, as well as for the remaining duty and interest amount.In conclusion, the judgment addressed various issues related to the waiver and stay of adjudged dues, the valuation issue concerning duty payment, pre-deposit amounts made by the assessee, the additional pre-deposit amount offered, and the directions for further pre-deposit and compliance. The Tribunal carefully considered the submissions from both parties and determined a reasonable additional pre-deposit amount for the appellant to comply with within a specified timeframe. The decision ensured clarity on the penalty imposed and the remaining duty and interest amounts, subject to the appellant's compliance with the directed pre-deposit.