2005 (9) TMI 560

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Prasad, SDR, for the Respondent. [Order per : M.V. Ravindran, Member (J)]. In both these appeals, the appellants seek the waiver of duty demanded upon them. 2. The appellants were availing the benefit of Notification No. 10/2002-C.E. and did not avail the benefit of Cenvat credit and opted for payment of duty @ 4% ad valorem on their finished goods. From 1-3-2003 the said Notification .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... transitory provisions in this manner would negate the broader scheme of Cenvat and would defeat the whole purpose. Prima facie, the appellants have made out a case for grant of waiver of the duty and penalty and it was also brought to notice that they have already deposited Rs. 5.00 lakhs towards duty. Accordingly, the pre-deposit of the balance amount of duty and penalty is waived and recovery st .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X