2009 (5) TMI 781

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..... Appellant. Ms. Joy Kumari Chander, Jt. CDR, for the Respondent. [Order per : M.V. Ravindran, Member (J)]. - This stay petition is directed against the waiver of the pre-deposit of the following amounts:- (1) Tax-Rs. 43,48,995/- (2) Interest u/s 11AB. 2. We heard both the sides and perused the records. The ld. C.A. submits that the appellant company purchases steel and dispatches the sa .....

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..... invariably more. If that be so, we find the credit availed by them is reversed, when the said scrap is removed on payment of duty. In our considered view, demanding only the amount of credit taken by them would be a incorrect proposition in law as the manufacturer who received duty paid scrap, removes the same on payment of duty, which is not less than the credit availed. A prima facie case for w .....

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