TMI Blog2011 (6) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... 47297 - SUPREME COURT OF INDIA) a prima facie case had been made out by the Appellant and a waiver of predeposit was accordingly warranted. - 44 of 2011 - - - Dated:- 22-6-2011 - D.Y. Chandrachud and Anoop V. Mohta, JJ Prakash Shah with Jas Sanghvi for the Appellant R. Ashokan with Jitendra B. Mishra for the Respondent JUDGEMENT This appeal arises out of a decision of the Customs, Excise and Service Tax Appellate Tribunal, dated 5 April 2011 on an application under Section 35F of the Central Excise Act, 1944 for the waiver of predeposit. The total demand for duty was in the amount of Rs.46.36 lakhs. After giving credit for the amount already adjusted of Rs.15.79 lakhs, the Tribunal has directed the Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (b) Whether in the facts and circumstances of the case, the Appellate Tribunal was justified in holding that the Appellant did not make out a prima facie case for total waiver of duty, interest and penalty. The appeal is admitted on the aforesaid questions and is taken up for hearing and final disposal, with the consent of the Learned Counsel for the Appellant and the Revenue. Counsel appearing on behalf of the Appellant submitted that in a similar case, another Bench of the Tribunal, in Shilpa Rerollers Pvt. Ltd. vs. Commissioner of Central Excise, Nagpur, Application No.E/S/455/10 decided on 11 April 2011 has granted a complete waiver of predeposit. That apart, it has been urged that in view of the judgment of the Supreme Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roduct. The manufacturer of the final product, in this case TELCO, would therefore, be entitled not only to adjust the credit on the inputs supplied by it to the intermediate purchaser such as the appellant but also to the credit for the duty paid by the intermediate purchaser on its products. The reliance on the decision in Burn Standard Company Ltd. (1992 (60) E.L.T. 671) by the Tribunal was misplaced. That case has no doubt held that the value of the free inputs were to be included in the final product. In that case, the final product was wagons and the question was whether the items which were supplied free by the Railway Board to the assessee could be included in the value of the wagons. This Court came to the conclusion that it could. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
