2014 (7) TMI 609 - AT - Central Excise

Tribunal waives predeposit, stays recovery pending appeal, sets compliance deadline, and grants stay application.

The Tribunal directed the applicant to predeposit Rs. 5,00,000/- against the demand of Rs. 4,93,408/-. As the applicant had already deposited Rs. ... Waiver of predeposit of duty - Manufacture of ‘Motor Vehicle parts and seat parts’ - Default in payment of duty beyond 30 days contravention of Rule 8 (1) and 8 (3) of the Central Excise Rules, 2002 - Held that:- Following decision of Crest Cam CNC Systems Vs. CCE, Bangalore - [2011 (8) TMI 984 - CESTAT BANGALORE]. The Ld. Advocate submits that they have already deposited a sum of ₹ 4,83,277/-. In view of that, I direct the appellant to make a predeposit of an amount of ₹ 5,00,000/- lakhs within six weeks. Upon such deposit, predeposit of balance amount of duty along with interest and penalty would be waived and its recovery thereof stayed till the disposal of the appeal - Conditional stay granted. Issues: Application for waiver of predeposit of duty; Default in payment of duty; Interpretation of Central Excise Rules; Precedents relied upon by both parties.Analysis:The judgment pertains to an application for waiver of predeposit of duty amounting to Rs. 12,84,481/- along with interest and penalty for the period July 2008 to April 2009. The applicant, engaged in the manufacture of 'Motor Vehicle parts and seat parts,' faced a demand due to default in payment of duty beyond 30 days, violating Rule 8(1) and 8(3) of the Central Excise Rules, 2002. Notably, during the default period, the applicant cleared goods by paying duty from their Cenvat credit account.The Ld. Advocate for the applicant referenced a stay order from the Delhi Bench of the Tribunal in the case of Allianz Steel Ltd. Vs. CCE, Indore - 2012 (286) ELT 633 (Tri.-Del.). Conversely, the Ld. AR representing the Revenue cited decisions from the Hon'ble High Court, including Unirols Airtek Vs. Asst. Commr. Of CEx., Coimbatore 2013 (296) ELT 449 (Mad.), Precision Fasteners Ltd. Vs. CCE - 2011 (268) ELT 163 (Guj.), M/s. Manjunatha Industries Vs. CCE, Bangalore 2013-TIOL-285-HC-KAR-CX, and M/s. Gajlaxmi Steel Pvt. Ltd. Vs. CCE, Aurangabad 2013-TIOL-1890-CESTAT-MUM.In light of the above, the Tribunal, referring to the case of Crest Cam CNC Systems Vs. CCE, Bangalore - 2013 (290) ELT 708 (Tri.-Bang.), directed the applicant to predeposit Rs. 5,00,000/- within six weeks against the demand of Rs. 4,93,408/-. Considering that the applicant had already deposited Rs. 4,83,277/-, the predeposit of the balance amount of duty, interest, and penalty was waived, with recovery stayed pending appeal disposal. The compliance deadline was set for 14.03.2014, and the stay application was granted, leading to the order being pronounced and dictated in open court.