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of <h1>CEGAT denies stay, orders pre-deposit of Rs. 1,98,00,000 for appeal to proceed. Examines Modvat credit.</h1> The Appellate Tribunal CEGAT, New Delhi, declined to grant a stay of the impugned order but directed the appeal to proceed on merits. The Tribunal ordered ... Stay/Dispensation of pre-deposit - Modvat Issues: Application for stay of impugned order, waiver of payment, pre-deposit requirement, compliance with statutory provisions, arguments regarding receipt of inputs, prescribed documents under Central Excise Rules, job work for Indian Oil Corporation, hardship due to pre-deposit, opposition to stay by Departmental Representative.In the judgment delivered by the Appellate Tribunal CEGAT, New Delhi, the applicants sought a stay of the operation of the impugned order of the Commissioner, waiver of payment of demanded duty/penalty, and suspension of recovery pending appeal. The impugned order demanded Rs. 2,82,25,481/- under Rule 57I of the Central Excise Rules and imposed a penalty of Rs. 3 lakhs under Rule 173Q. The applicants, engaged in job work for Indian Oil Corporation, received inputs without prescribed documents, leading to the dispute. The applicants argued that the discrepancies arose due to changes in procedures under the Central Excise law from April 1994, causing delays in document availability. They contended that they could substantiate the duty-paying nature of the received additives, despite incomplete documentation. The Departmental Representative opposed the stay, citing the absence of required particulars in the documents held by the applicants for claiming credit.Upon careful consideration of both parties' submissions, the Tribunal found the case meriting a detailed examination of evidence and statutory requirements regarding Modvat credit under the Central Excise Law. The Tribunal deemed it inappropriate to stay the impugned order but directed the appeal to be heard on merits under Section 35F of the Central Excises and Salt Act. The Tribunal ordered the applicant to make a pre-deposit of Rs. 1,98,00,000/- by a specified date, with the condition that compliance would dispense with the pre-deposit of the remaining duty and the entire penalty amount, halting their recovery. The matter was scheduled for review of compliance with the pre-deposit order on a later date.
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