2002 (12) TMI 416 - AT - Central Excise

Summary

Issues:
1. Confirmation of demand and penalty against M/s. TELCO Ltd.
2. Imposition of penalties on officers of the assessee.
3. Applications for waiver of pre-deposit of duty and penalties.
4. Modification of stay order.

Analysis:
1. The Commissioner of Central Excise confirmed a demand of Rs. 1,54,43,68,025 against M/s. TELCO Ltd. and imposed an equal amount as a penalty. Additionally, penalties were imposed on four officers of the assessee. Five appeals were filed against this order, seeking waiver of pre-deposit of the confirmed duty and penalties. The Tribunal directed M/s. TELCO to deposit Rs. 50 crores as a pre-condition to hearing their appeal, while unconditionally granting waiver to the officers. A subsequent modification application was filed by M/s. TELCO regarding the stay order.

2. Various points raised during the arguments on the stay application were reiterated in the modification application. It was argued that the CEGAT order did not consider certain points, including the quantification of the demand. The financial hardship faced by the company was emphasized, supported by the submission of the balance sheet for the relevant financial year.

3. Arguments were presented on technical issues by the respondent, maintaining that the company's cash profit of over Rs. 340 crores indicated no difficulty in payment. The Tribunal considered all submissions made by both sides, including the prima facie merits under Section 35F of the Central Excise Act in determining the pre-deposit amount.

4. The Tribunal cited the Karnataka High Court judgment in Wipro Infotech Ltd. v. CEGAT, stating that at the stage of interim relief consideration, specific findings on every issue raised were not obligatory. The plea of financial hardship, though initially peripheral, was strongly urged with supporting documentation during the proceedings. The Tribunal reviewed the case law, balance sheet, and final accounts to assess the financial situation of M/s. TELCO.

5. After careful consideration, the Tribunal modified the earlier order, directing M/s. TELCO to deposit Rs. 20 crores in cash and provide a bank guarantee for Rs. 30 crores within 8 weeks. Upon compliance, the pre-deposit of the remaining sums would be waived, and recovery stayed during the appeal's pendency. The decision balanced the financial circumstances of the company with the legal requirements under the Central Excise Act.