2005 (5) TMI 464

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... for the Respondent. [Order per : S.S. Kang, Vice-President]. Heard both sides. 2.The applicant filed this application for waiver of pre-deposit of duty of Rs. 67,71,876/- and penalty of the equal amount. 3.The brief facts of the case are that the applicants are engaged in the manufacture of motor vehicles and they availed Cenvat credit in respect of the naphtha which is used in th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the case of M/s. SRF Ltd., therefore, the pre-deposit of whole of the duty and penalty requires to be waived. 5.The contention of the Revenue is that the applicants are using naphtha in the generation of electricity and applicants admitting that some electricity so generated was also cleared to their vendors. The contention is that the vendors are independent manufacturers and therefore, this f .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d out of the naphtha on which credit has been taken to the independent manufacturer. In these circumstances, prima facie it is not a fit case for total waiver of duty. The applicants are directed to deposit an amount of Rs. 15 lakhs within a period of eight weeks. On deposit of the above-mentioned amount, the pre-deposit of remaining amount of duty and penalty is waived for hearing of the appeal. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X