ORDER
Jyoti Balasundaram, Member(J)
1. By the impugned order, the Commissioner of Central Excise has confirmed varying amounts of differential duty and also imposed penalties both upon M/s. Essel Propack Ltd. as well as individuals such as its general manager, commercial manager etc.
2. At the outset, we note that the issue in dispute is as to whether the assessee was entitled to take differential credit under Rule 57E. The ground for denial of the credit resulting in the confirmation of the duty demand is that the demand has arisen on account of fraud, misrepresentation etc. The learned Chartered Accountant brings to our notice that the original duty demand was not confirmed on the ground of fraud, wilful misrepresentation etc. and he also brings to our notice a copy of bench order No. C-III/444 to 447/WZB/2003 dated 12.3.2003 wherein the main duty demand has been noted as having been paid and it is also noted that Rs. 10 lakhs was deposited pursuant to the Hon’ble High Court’s direction, leaving an amount of Rs. 20 lakhs towards penalty, waiver of pre-deposit of which was sought. the bench had granted waiver of pre-deposit of the balance amount of Rs. 20 lakhs.
3. Since in the connected case of the main duty demand, pre-deposit of the penalty also stands waived, in these cases also we waive the requirement of pre-deposit of penalty both upon the company and its officers and stay recovery thereof pending these appeals. The details of the penalty amounts are given in the annexure to this order.
ANNEXURE
Sr. No.
Appeal No.
Appellants’ Name
Penalty
1.
E/1005/03
Essel Propack Ltd.
Rs.1,14,62,018/-
2.
E/1006/03
Ramesh Raman
Rs.5,00,000/-
3.
E/ 1007/03
Ashok B. Sonawane
Rs.5,00,000/-
4.
E/1008/03
V.G. Surendran
Rs.29,60,000/-
5.
E/1009/03
Essel Propack Ltd.
Rs.26,47,064/-
6.
E/1010/03
V.G. Surendran
Rs.6,95,000/-
7.
E/1011/03
Essel Propack Ltd.
Rs.5 1,32,48l/-
8.
E/1012/03
V.G. Surendran
Rs.13,45,000/-.
9.
E/10 13/03
Ramesh Raman
Rs.5,00,000/-
10.
E/1014/03
Ashok B. Sonawane
Rs.5,00,000/-