2014 (1) TMI 1064 - AT - Central Excise

Appellate Tribunal CESTAT Bangalore: Pre-deposit Rs.5,00,000/- for waiver and stay of penalties

M/s. Sri Varalakshmi Jute Twine Mills Pvt. Ltd. Versus Commissioner of Central Excise Visakhapatnam-I Commissionerate Visakhapatnam

The Appellate Tribunal CESTAT Bangalore required the appellant to pre-deposit Rs.5,00,000/- within six weeks for waiver and stay of penalties and the ... Waiver of pre-deposit – Held that:- As per the worksheet a comparative account of the particulars of the demand raised by the Commissioner in the earlier round and those of the demand - the appellant was entitled to the benefit of Notification No.8/1997-CE and Notification No.2/1995-CE – Appellant offered to deposit Rupees Two lakhs as pre-deposit – Further Five lakhs Rupees ordered as pre-deposit – upon such submission rest of the duty to be stayed till the disposal – Partial stay granted. Issues:1. Waiver and stay of demands for duty, penalty, and interest.2. Discrepancy in the amount of duty demanded in the second round of litigation.3. Validity of the appellant's claim regarding the duty amount.4. Requirement for pre-deposit by the appellant.Analysis:The judgment by the Appellate Tribunal CESTAT Bangalore involved an application seeking waiver and stay of demands amounting to Rs.32,00,856/- towards duty for the period 1999-2002, an equal penalty under Section 11AC of the Central Excise Act, and a penalty of Rs.1.5 lakhs under Rule 25 of the Central Excise Rules, 2002. The appeal and application arose in the second round of litigation following a remand order from a previous round. The appellant had earlier deposited Rs.8 lakhs towards a demand of Rs.28,95,628/-, but the impugned order in the second round demanded a higher duty amount without a valid reason, prompting a dispute. The appellant claimed they were liable to pay duty of only Rs.3,82,285/- based on certain notifications, while the Additional Commissioner contested this claim citing previous admissions by the appellant. The Tribunal acknowledged the dispute and required the appellant to pre-deposit a reasonable amount. The appellant offered Rs.2 lakhs, but the Tribunal directed a further pre-deposit of Rs.5,00,000/- within six weeks for waiver and stay of penalties and the balance amount of duty and interest.The Tribunal's decision was based on a comparative analysis of the duty demands, the appellant's claims, and the Additional Commissioner's contentions. The Tribunal found merit in the Additional Commissioner's submissions, indicating a need for further examination during the final hearing stage. The requirement for pre-deposit was deemed necessary by the Tribunal to ensure compliance and to address the ongoing dispute effectively. The Tribunal's directive for a specific pre-deposit amount within a stipulated timeframe aimed to balance the interests of both parties while maintaining the integrity of the legal process. Compliance with the pre-deposit condition was crucial for obtaining the waiver and stay of penalties and the remaining duty and interest amounts, highlighting the procedural significance of fulfilling financial obligations in such legal matters.In conclusion, the judgment by the Appellate Tribunal CESTAT Bangalore underscored the importance of addressing discrepancies in duty demands, evaluating conflicting claims, and ensuring compliance with pre-deposit requirements for the resolution of legal disputes related to duty, penalties, and interest under the Central Excise Act and Rules. The Tribunal's decision aimed to facilitate a fair and transparent adjudication process while upholding the principles of justice and procedural integrity in the realm of indirect taxation laws.