EXIDE INDUSTRIES LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) This application for waiver pre -deposit of duly Rs. 1,00,14,687/ - and stay recovery thereof arose out of the order of the Commissioner (Appeals) who in the impugned order dismissed the appeal before him for non -compliance of the stay order issued by him under Section 35F of the Central Excise Act.

(2.) Briefly the facts are that the applicant manufactures electric storage batteries. He clears the goods from his factory premises to his godowns on stock transfer basis. The applicant filed a declaration in annexure II under Rule 173C. The applicant claimed 26% and 24% discount from the list price of the goods sold from the depots to the wholesale dealers during the period 16.2.1998 to 14.6.1998 and 15.6.1998 to 31.12.1998 respectively. However, at the time of selling the goods to the dealers/wholesalers, the discount given varied from 21% to 26% depending upon the class of dealers/wholesalers to whom the goods were sold. As the applicant was claiming different discounts while clearing the goods from the factory to depots and these discounts were not appearing in the invoices, they were directed by the department to go for provisional assessment w.e.f. 16.2.1998. The Assistant Commissioner, who finalised the assessment, denied the discounts claimed by the applicant and confirmed the above said amount as the duty payable. Aggrieved by this order, the applicant filed an appeal along with stay application to the Commissioner (Appeals). The said Commissioner (Appeals) in the impugned order rejected the appeal for non -compliance with the provisions of Section 35F of the Act.

(3.) Heard both sides.