Customs, Excise and Gold Tribunal - Mumbai
Sterlite Industries (India) Ltd. And ... vs Commissioner Of Customs And Central ... on 19 January, 2004
Equivalent citations: 2004(165)ELT567(TRI-MUMBAI)
ORDER Jyoti Balasundaram, Member (J)
1. The applications for waiver of pre-deposit of duties and penalties as detailed in the annexure to this order arise out of the order of the Commissioner of Central Excise and Customs, Vapi.
2. We have heard both sides. The show cause notice issued on 33/10/2001 covers the period from October, 1996 to March, 1999. The applicants' plea, that the amount of duty confirmed was available by way of modvat credit to their sister concerns at Piparia and Tuticorin units, to whom the Chinchpada factory cleared copper cathode, and copper anodes for manufacture of copper rods and therefore the extended period of limitation, under which the demands have been confirmed, is not attracted; has prima facie substance, in the light of the ratio of the larger bench decision of the Tribunal in the case of Jay Yuhshin Ltd. v. CCE, New Delhi 2000 (119) ELT 718 which has been followed in the assessees own case as seen from order No. C-I/2892-2893/WZB/2003 dated 18/11/2003. We therefore hold that the demands are prima facie barred by limitation and hence waive pre-deposit of duties and penalties and stay recovery thereof pending the appeals.
Annexure Appellant Appeal No. Duty (Rs.) Penalty (Rs.) l, Sterlite Industries (India) Ltd.
Chinchpada, Silvassa E/3463/2003-Mum 11,77,06,071/-
18,22,97,S91/-
5,53,41,272/-
95,50,248/-
2. B.K. Pansari E/3530/2003-Mum
--
5,00,00,000/-
3. Lalit Singhvi E/3531/2003-Mum
--
2,00,00,000/-
4. Steriite Industries (India) Ltd., Piparaia, Silvassa E/3532/2003-Mum 1,00,96,959/-
1,00,96,959/-
5. Sterlite Industries (India) Ltd., Tuticorin E/3533/2003-Mum
-
5,53,00,000/-
6. Sushil Gupta E/3560/2003-Mum
--
1,00,00,000/-
7. Tarun Jain E/3561/2003-Mum
--
5,00,00,000/-