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2014 (6) TMI 553 - AT - Central ExciseWaiver of pre deposit - area based exemption - non filing of declaration / application exercising the option to avail the exemption - Notification No.50/2003-CE dated 10.6.2003 - Held that:- Requirement of exercising the option and providing specified and mandated particulars, enjoined by Notification No.76/2003-CE, is intended to keep the Government informed of and to place on record relevant particulars enjoined by the Notification to be conditions precedent for availment of exemption benefits thereunder provided. It is in the nature of mandatory stipulation to ensure that there is no escapement or leakage of Excise Duty. This requirement is therefore prima facie mandatory and not discretionary. - This view flows from the decision of the Constitution Bench in Hari Chand Shri Gopal (2010 (11) TMI 13 - SUPREME COURT OF INDIA). Amount of duty demand with interest directed to be pre-deposited - stay granted in respect of penalty only - stay granted partly.
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