ORDER
V.K. Agrawal
1. This is an application, filed by M/s. Chopra Electricals, for waiver of predeposit of central excise duty amounting to Rs.8,38,899/- and penalty Rs. 50,000/- imposed on them by the Commissioner of Central Excise under the impugned Order.
2. Shri M.P. Devnath, learned Advocate, submitted that the duty has been demanded and the penalty has been imposed on the ground that the applicants were affixing the goods manufactured by them with the brand name “BENTEX” owned by Chopra Electrical Sales Corporation; that for the initial period the Appellate Tribunal had granted unconditional stay; that their matter for earlier period has been heard by the Tribunal and the Order has been reserved; that in view of this fact the requirement of predeposit may be waived and the recovery be stated.
2. Opposing the prayer Shri Ashok Kumar, learned D.R., submitted that in the earlier case the stay was granted awaiting the decision of the Larger Bench of the Tribunal inn the case of Namteck systems Ltd.; that as per the decision of the Larger Bench in the said case the benefit of SSI exemption is not available even if the goods manufactured by an assessee are affixed with the brand name of a trader.
3. We have considered the submissions of both the side. We find force in the submissions of the learned Advocate of the applicants that as the order has been reserved by the Tribunal on identical facts and circumstances the balance of convenience is in their favour. Accordingly we stay the recovery of entire amount of duty and penalty during the pendency of the appeal. Matter is posted for regular hearing on 24.7.2001.