2006 (3) TMI 665

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..... er : P.G. Chacko, Member (J)]. The demand of duty under challenge is on Light Diesel Oil (LDO, for short) admixed with Furnace Oil (FO, for short) and is for the period June, 2003 to January, 2004. There is also a penalty of Rs. 30,00,000/- on the assessee. After examining the records and hearing both sides, we find that the demand is not on any excisable goods removed out of the warehou .....

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..... e warehouse. The provision could be invoked to levy duty of excise on excisable goods removed from the factory/warehouse. Hence, the appellants have a prima facie case against the above demand of duty and penalty. Accordingly, there will be waiver of pre-deposit and stay of recovery in respect of the duty and penalty amounts. (Dictated and pronounced in open Court) - - TaxTMI - TMITax - Cent .....

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