9911796707
TMI Blog2009 (9) TMI 715X X X X Extracts X X X X X X X X Extracts X X X X ..... ard the learned DR. Written submission filed on behalf of the assessee has also been perused. 2. The relevant facts, in brief, are that the applicant was required to pay duty of Rs. 1,64,74,259/- for the month of July, 2007 and they utilized Cenvat credit to the tune of Rs. 1,52,74,259/- and it appears that at the insistence of range officers the assessee was required to pay the balance of Rs. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en beyond a period of 30 days. Therefore, all clearances between 5.9.2007 to 5-10-2007 attract the restriction of Rule 8(3A), and duty on such clearances had to be paid from Account current (PLA) and not from Cenvat credit which the noticee has done. The duty that was required to be paid through PLA during the period of default is Rs. 82,45,439/-. 4.3 The noticee has alleged that they had defaul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rictly . 4. In view of the above, we find that the assessee was having sufficient balance in cenvat credit and the delay in payment of Rs. 12 lakhs in cash may not justify demanding duty in cash for the period from 5-9-2007 to 5-10-2007. Therefore, we hold that the applicant has made out a prima-facie case for waiver of the dues as per the impugned order and accordingly we waive the pre-deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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