2009 (5) TMI 717 - AT - Central Excise

Summary

The Appellate Tribunal CESTAT, Chennai allowed the application filed by M/s. Rajyalakshmi Machine Works (P) Ltd. for waiver of pre-deposit of duty amounting to Rs. 3,54,252/-, interest, and penalty of Rs. 50,000/- imposed in the impugned order. The appellants had short-paid Education Cess and paid duty consignment-wise using Cenvat credit, contrary to prescribed rules. The Tribunal found that the appellants had discharged their duty from the Cenvat account, and allowed the waiver of pre-deposit, granting a stay of recovery pending appeal decision.