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2015 (10) TMI 1168 - CESTAT CHENNAIWaiver of pre deposit - Penalty u/s 11AC - Valuation - Held that:- appellant manufactured Electric Mosquito Destroyer Machine (EMD) and stock transferred to their principal supplier M/s. Godrej on payment of duty by taking job charges as cost of production 110%. Whereas the differential duty demanded in terms of Rule 10(A) of Valuation Rules. We find that these goods stock transferred are meant for export and the 2nd applicant on receipt of the goods from the applicant after carrying out quality testing and other activities, exported the same on payment of duty at higher value which is not in dispute. The second applicant also claimed rebate on excise duty paid on the goods exported. On identical case against the second applicant ie M/s. Godrej Consumer Products Ltd. the department disallowed the cenvat credit, of duty paid on the finished goods cleared by the first applicant and the appeal filed before this Tribunal Vide miscellaneous Order [2014 (10) TMI 238 - CESTAT CHENNAI], this Tribunal granted full waiver of pre-deposit. Considering the above decision and also considering the fact that even if the applicant pays the differential duty, the 2 nd applicant is entitled to the Cenvat credit the applicant has made out a prima facie case for full waiver - Stay granted.
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