Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2010 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (6) TMI 539 - CESTAT, CHENNAIWaiver of pre-deposit - EOU - The demands stand confirmed against the assessees who are a 100% EOU on the ground that they have not fulfilled the export obligation in entirety - only 50% of the export obligation stands fulfilled - he submission of the assessees that, prima facie, demand cannot be sustained to the extent as confirmed for the reason that the unit has fulfilled export obligation partially. Prima facie, the demand therefore would get reduced by 50%. -The argument that the demand should be further reduced on the ground that depreciation has to be taken into account is prima facie not tenable for the reason that the question of depreciation arises only on wear and tear of the capital goods and in case where capital goods have not been used for export obligation fulfillment, no depreciation can be granted - The unit has been declared as BIFR unit which by itself is not sufficient for grant of 100% waiver of pre-deposit in the light of the Apex Court’s decision. Hence, direct the appellants to deposit an amount of Rs. 75,00,000/- towards duty and on such deposit the pre-deposit of the balance duty and penalties shall stand waived and recovery thereof staye.
|