[Order per : M.V. Ravindran, Member (J)]. - This Stay Petition is filed for waiver of pre-deposit of Rs. 8,80,612/-, interest thereof and penalty of Rs. 2 lakhs.
2. The above said amounts have been confirmed by the adjudicating authority on the ground that the appellant has not discharged the Central Excise duty liability on the amount of royalty received by him from the company for the rightful use of the brand names.
3. After hearing both sides we find that the appellant has discharged the Central Excise duty based on the retail sale price minus 15% discount as provided under Notification No. 245/83. It is to be noted that the said notification talks about retail sale price which is MRP minus said duty and other taxes from the VAT. If that be so, prima facie, we find that the entire amount which has been received by the appellant for a particular business centre gets included in the cost of the product which they are selling.
4. In our view, the appellant has made out a prima facie case for pre-deposit of the amounts involved. Accordingly, the application for waiver of pre-deposit of balance amounts involved is allowed and recovery thereof stayed till the disposal of appeal.
(Dictated & Pronounced in Court)
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