TMI Blog2012 (5) TMI 432X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant’s plea that the same has no nexus with the sale of the goods does not appeal to be acceptable, requirement of pre-deposit of the interest and penalty shall stand waived and recovery thereof stayed till the disposal of the appeal - E/486/2010 - 501/2011-EX(PB), - Dated:- 28-4-2011 - Justice R.M.S. Khandeparkar, Shri Rakesh Kumar, JJ. Shri D. Shah, Avocate, for the Appellant. Shri Nitin Anand, (DR), for the Respondent. [Order per : Rakesh Kumar, Member (T)]. The appellant are manufacturers of Automobile Cabin parts chargeable to central excise duty under Chapter Heading No. 87081090 of the Schedule to the Central Excise Tariff Act. They availed facility of Cenvat credit of duty paid on inputs and capital go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of such years, then subject to and to the extent that such shortfall is attributable to or result from :- (a) Eicher controlled factors, then such shortfall shall be carried forward to the subsequent year and shall be aggregated with and added to the Return on Equity ensured by Eicher to the appellant (M/s. Caparo Engg. India) and thereby the Return on Equity shall be revised in respect of such subsequent year through mutual discussions and same shall be added in the component prices of the subsequent year payable by Eicher to the appellant; (b) Caparo controlled factors, then such shortfall to the extent that they are directly attributable to or result from the Caparo (Appellant) controlled factors, shall not be p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsation amount is linked with non-lifting by M/s. Eicher Motors Ltd. of the goods produced by the appellant as per their agreement with them, that payment of this amount has no nexus with the manufacturing activity or sale of the goods, that the same is not a part of the transaction value, that in this regard reliance is placed on the Tribunal s judgment in the case of Jindal Praxair Oxygen Co. Ltd. reported in 2007 (208) E.L.T. 181 (Tribunal-Bang.), that the appellant have strong prima facie case and hence, the requirement of pre-deposit of duty demand, interest and penalty may be waived for hearing of the appeal. 6. Shri Nitin Anand, ld. Departmental Representative opposed the stay application reiterating the findings of the Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve not been able to establish a prima facie case in their favour and that in view of this, this is not a case for waiver from the requirement of pre-deposit. 7. We have carefully considered the submissions from both the sides and perused the records. On going through the appellant s agreement with their customer, M/s. Eicher Motors and also through the records of the case, we are of the prima facie view that in terms of the appellant s agreement with M/s. Eicher Motors, the price to be received by the appellant for the goods supplied from M/s. Eicher Motors was to be determined in such a manner that it ensures a certain minimum Return on Equity to the appellant for which M/s. Eicher Motors had undertook for lifting certain minimum quantit ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
