2008 (8) TMI 758

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..... Chander, JCDR, for the Respondent. [Order per : S.L. Peeran, Member (J) (Oral)]. The appellant M/s. Mahindra Mahindra (M M) is required to pre-deposit penalty of Rs. 50,00,000/- imposed for violation of Rule 25 of the Central Excise Rules. The allegation is that they have exercised full control over M/s. Lokesh Machines Ltd. (LML) who have under valued the cylinder blocks manufactured a .....

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..... fore, there is revenue neutrality. It is submitted that they have not taken credit till date and hence, the question of pre-deposit of penalty does not arise. 2. The prayer is seriously opposed by the learned JCDR that there was only an arithmetical error in quoting Rule 25 instead of Rule 26. She points out to the allegation of the appellant having played a decisive role in the production, plan .....

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..... Notice and that they have not played any role in the under valuation of goods is required to be prima facie accepted for the reason that the appellant should have taken credit of the duty that has been paid by M/s. LML. Presently, they have not taken the credit also. In view of the submissions made, which prima facie are in assessee s favour, we grant waiver of pre-deposit of penalty of Rs. 50 la .....

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