2001 (9) TMI 552 - AT - Central Excise

Summary

Issues:
1. Waiver of pre-deposit of Central Excise duty and penalty.
2. Interpretation of Notification No. 202/88-CE regarding exemption eligibility.
3. Time-barred demand for duty.
4. Availability of deemed Modvat Credit.
5. Compliance with deposit directive.

Analysis:
1. The case involved an application by M/s. Popular Iron & Steel Co. seeking waiver of pre-deposit of Central Excise duty amounting to Rs. 20,31,219.36 and a penalty of Rs. 20 lakhs.

2. The appellant's advocate argued that the demand of duty and penalty were confirmed by the Commissioner, denying them the benefit of Notification No. 202/88-CE. They contended that the demand was time-barred as the show cause notice was issued beyond the permissible period. Reference was made to previous tribunal decisions to support their case.

3. The respondent, represented by the SDR, opposed the waiver, stating that the circulars did not clarify that rail scrap would be considered duty paid. They cited precedents to argue that if duty payment on inputs was not evident, deemed Modvat Credit could not be claimed. The respondent also highlighted the importance of providing necessary information to the authorities.

4. The tribunal analyzed both arguments and found merit in the respondent's submission that the circular did not address the duty-paid nature of the raw material. Consequently, the appellant's claim of a bona fide belief about the duty-paid nature was not upheld. The tribunal directed the appellant to deposit Rs. 7 lakhs towards duty within a specified timeframe to avail of the waiver of the remaining duty amount and the penalty.

5. Failure to comply with the deposit directive would result in the dismissal of the appeal without further notice. The matter was scheduled for compliance reporting on a specific date to monitor adherence to the tribunal's directive.