I am directed to say that certain references have been received from field formations raising doubts over prospective implementation of the orders relating to classification, valuation or other matters having recurring revenue implications when a stay has been granted against recovery by Commissioner (Appeals) or Tribunal.

2. In this connection, your attention is invited to first proviso to section 35F of Central Excise Act, 1944. As per this provision, the Commissioner (Appeals) or the Appellate Tribunal depending on the circumstances of the case may dispense with the deposit of duty demanded or penalty levied subject to such conditions as he or it may impose to safeguard the interests of revenue. Thus, it may be seen that any stay against the order confirming the demand and/or levying penalty is only with respect to duty demanded/ penalty levied under the impugned order.

3. In view of legal position as explained above, it is hereby clarified that the any stay order passed by the Commissioner (Appeals) or the Tribunal has to be examined with respectwith respect to on the words used and the intention expressed by the relevant Appellaterelevant Appellate Authority. Action on the prospective implementation of the order should be taken in accordance with the provisions of the Central Excise Act, 1944 and Rules made thereunderthere under.

4. Field formations may be informed suitably.

5. Receipt of the Circular may please be acknowledged.

6. Hindi version will follow.

Yours faithfully,
(Rahul Nangare)
Under Secretary to the Govt. of India

F.No. 208 /1/2005-CX 6