2004 (2) TMI 596

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..... r the Respondent. [Order per : Archana Wadhwa, Member (J)]. The prayer in the Stay Petition is to dispense with the condition of pre-deposit of duty amount of Rs. 23,45,218/- (Twenty Three Lakhs Forty Five Thousand and Two Hundred Eighteen Only) with an equivalent amount of personal penalty. The said demand of duty has been confirmed against the appellant for the period 1-7-2000 to 31-1- .....

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..... . After hearing Shri T.K. Kar, learned SDR, we find force in the above contention of the learned Consultant. Larger Bench of the Tribunal in Jay Yuhshin Ltd., 2000 (119) E.L.T. 718 (Tribunal - LB) has held that Revenue neutral situation would arise only after the assessee can show that the duty demanded would be available as credit to himself and not to his buyer. In the instant case we find that .....

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