Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2011 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (9) TMI 860 - CESTAT NEW DELHIWaiver of pre deposit - exemption under Notification No. 56/2002-C.E., dated 14-11-2002 - appellants have issued credit notes to their customers in respect of damages to the goods - Held that:- They are paying excise duty to the tune of around Rs. 4 crores per annum. As such, the same assessable value is required to be adopted at the time of clearance of the goods. Compensation given to the buyers in respect of the goods damaged subsequent to the clearance cannot result in lowering the assessable value. We also note that the appellant’s buyers are the ultimate consumers of the goods and no Modvat credit is being availed by them - whatever duty paid by the appellants is refunded to them which is again used for payment of duty on the fresh final product. As such, it can be safely concluded at this interim stage that the entire excise is revenue neutral - we hold that the appellants have a good prima facie case in their favour so as to allow the stay petitions unconditionally - Stay granted.
|