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TMI Blog2009 (4) TMI 729X X X X Extracts X X X X X X X X Extracts X X X X ..... dent. [Order per : P. Karthikeyan, Member (T)]. M/s. Burn Standard Co. Ltd. (BSC), has filed this application for waiver of pre-deposit and stay of recovery of an amount of Rs. 2,08,87,413/- found to be irregularly availed Cenvat credit during the period 8/06 to 5/07 along with applicable interest. Application covers equal amount of penalty imposed on BSC under Rule 15 of Cenvat Credit R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... escribed in Rule 6(2) of CCR, the Commissioner demanded an amount of Rs. 2,08,87,413/- being 10% of the sale price of the exempted final products cleared during the material period along with interest and imposed penalty for taking wrong credit. 2. We have heard both sides. The case of the appellants is that they require 230 - 232 ltrs. of furnace oil for the manufacture of one MT of DBM. Up to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellants had failed to satisfy this requirement, they were liable to pay 10% of the value of the exempted DBM. 3. We find from a copy of the certificate issued by a Chartered Engineer, furnished by the appellants, that the average consumption of furnace oil for production of one MT of DBM is 230 - 232 ltrs. and that the quantity of furnace oil consumed for production of DBM could be easily determ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eversed subsequently, the credit relatable to inputs that have gone into production of exempted final products. In the absence of a categorical denial of the appellants claim of having reversed/not availed credit relatable to furnace oil that went into production of DBM in the impugned order, we find that the appellants have made out a prima facie case against the impugned demand and penalty. Mor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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