9911796707
TMI Blog2001 (2) TMI 825X X X X Extracts X X X X X X X X Extracts X X X X ..... lant. Shri Swatantra Kumar, JDR, for the Respondent. [Order]. - This application is for waiver of pre-deposit of an amount of duty of Rs. 7,26,352/- and an amount of penalty of Rs. 2,50,000/-. 2. The applicants were working under Compounded Levy Scheme under Section 3A of the Central Excise Act and were paying duty on the basis of annual capacity of production (ACP) determined by the jur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Commissioner's order was rejected by the Commissioner (Appeals) on the sole ground of non-compliance with the requirement of pre-deposit of the adjudged dues under Section 35F of the Act. Hence the appeal before the Tribunal and the present application. 3. Heard both sides. Ld. Advocate Shri J.S. Agarwal submits that the issue involved in the case is whether the assessee was entitled to di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. Advocate submits that the applicants have a strong prima facie case as of now and hence, are entitled to complete waiver of pre-deposit of the duty and penalty amounts. 4. I have heard ld. JDR Shri Swatantra Kumar who has reiterated the findings of the adjudicating authority and has opposed complete waiver of pre-deposit of duty and penalty amounts. 5. I find that the impugned order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Larger Bench of the Apex Court, the aforesaid decision of the Apex Court still holds ground operating in favour of the present assessees. I further note that since the party chose to pay Central Excise duty on the basis of actual production only after having submitted their option to the Commissioner for opting out of the compounded levy scheme and since the quantum of duty so paid on the bas ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
