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TMI Blog2000 (11) TMI 397X X X X Extracts X X X X X X X X Extracts X X X X ..... t. [Order per : S.N. Busi, Member (T)]. The prayer in this stay petition is for dispensing with the total Central Excise duty demand of Rs. 75,07,183/- (of which Rs. 55,93,105/- of Modvat Credit disallowed) confirmed and a penalty equal to the said duty imposed on the applicants M/s. Shree Laxmi Iron Steel Works Private Limited, Howrah. 2. The applicants are engaged in the manufactur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntually led to confirmation of the said duty and imposition of the above penalty on them. 3. Shri S.K. Bagaria, learned Advocate for the applicants, submits that the Compounded Levy Scheme based on capacity of production as contained in Section 3A ibid and Rule 96ZP of the Central Excise Rules, 1944 is not applicable to a situation where the notified goods have come into existence at an intermed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notified goods and this would be more than the actual Modvat credit. In respect of the alleged intermediate products, irrespective of as to whether these are notified goods or otherwise, the exemption under Notification No. 67/95-C.E. are allowable to the applicants and the Commissioner erred in demanding duty on the said intermediate products. Even otherwise, there is no scope to disallow the Mod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... des. But these contentions are not sufficient enough to make out a strong prima facie case for complete waiver of the condition of pre-deposit of duty and penalty as prayed for by the applicants. We, therefore, feel that ends of justice will be met if the applicants are asked to deposit Rs. 25,00,000/- (rupees twenty five lac only) within a period of 2 (two) months from the date of receipt of this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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