IFB Industries Ltd. v. CCE & ST

CENTRAL EXCISE ACT, 1944

--Appeal to High Court--Waiver of pre-depositCENVAT credit----Tribunal had erred in law while not granting full waiver from pre-deposit instead directing assessee to make a pre-deposit with proportionate interest and should now decide the appeal on merit, in accordance with law without insisting for any pre-deposit.--Issue under consideration was whether Tribunal was justified in directing the appellant to make a pre-deposit on the basis of an amendment in the definition of exempted services ignoring the corresponding amendment made in the definition of value under rule 6(3D), Explanation I of CENVAT Credit Rules, 2004. Held: Keeping in view the debatable issue involved in the appeal coupled with the fact that for the period from 1-2-2009 to 30-9-2010, the condition of pre-deposit of tax for hearing of the appeal was stayed by Tribunal, the appeal filed by assessee deserved to be adjudicated without insisting for pre-deposit. Tribunal had erred in law while not granting full waiver from pre-deposit, instead directing assessee to make a pre-deposit, with proportionate interest.