1999 (1) TMI 257 - AT - Central Excise

Appellant's Rs. 2 Crore Deposit Stay Order Appeal: Stationary Cells vs. Batteries Classification Dispute

The appellant was directed to deposit Rs. 2 crores under a stay order pursuant to Section 35F of the Central Excise Act. The High Court remanded the case ... Stay/Dispensation of pre-deposit Issues:1. Stay order directing deposit of Rs. 2 crores under Section 35F of Central Excise Act.2. Challenge of orders before the High Court.3. Merits of the case regarding classification of stationary cell and battery.4. Limitation period for duty demand.5. Financial hardship for deposit.6. Interpretation of ISI specifications.7. Mis-declaration and suppression of facts.8. Financial status of the appellant company.9. Directions from the High Court for fresh consideration.10. Requirement of deposit under Section 35F and Tribunal's discretion.11. Bank guarantee and penalty dispensation.Analysis:1. The appellant was directed to deposit Rs. 2 crores as per a stay order under Section 35F of the Central Excise Act. The duty amount confirmed was Rs. 4,78,80,531 with a penalty of Rs. 50 lakhs, subject to the deposit, which was later extended.2. Orders were challenged before the High Court, leading to a remand to the Tribunal for fresh consideration based on the Court's observations. Arguments were presented by both parties on the merits of the case, focusing on the classification of stationary cell and battery.3. The appellant argued that stationary cells and batteries are synonymous, supported by technical definitions and industry practices. They emphasized their compliance history and financial difficulties due to industry recession.4. The respondent contended that there is a distinction between a stationary battery and cell, citing ISI specifications and asserting mis-declaration by the appellant to avail exemptions.5. Financial status of the appellant was scrutinized, showing substantial sales and net worth, raising concerns about undue financial hardship. The High Court directed protection of the Revenue's interest, leaving the decision to the Tribunal.6. The Tribunal, bound by the High Court's observations, directed a bank guarantee for the duty amount within six weeks, dispensing with the penalty. The focus was on safeguarding Revenue interests and compliance with the Court's directions.7. The case was fixed for further proceedings, subject to compliance with the bank guarantee directive, reflecting the Tribunal's adherence to legal provisions and judicial directions.This detailed analysis covers the legal nuances and arguments presented in the judgment, emphasizing the key issues and the Tribunal's decision in light of the High Court's directions.