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TMI Blog2011 (3) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... /Stay/1028 & 1029/2010 in E/1748 & 1749/2010 - - - Dated:- 8-3-2011 - SHRI M. V. RAVINDRAN, SHRI P. KARTHIKEYAN, JJ. Shri B. V. Kumar, Advocate for the appellants. Mrs. Sudha Koka, SDR for the revenue. Per Shri M. V. Ravindran (Oral) These stay petitions are filed for pre-deposit of the following amounts. (i) Demand of Cenvat Credit of Rs.37,65,678/- along with interest (ii) Equal penalty under Section 11AC (iii) Personal penalty of Rs.5,00,000/- on Shri K. Ramesh. 2. Heard both sides and perused the records. 3. On perusal of the records, we find that at this stage we can dispose of the appeals itself, hence after allowing the applications for pre-deposit of the amounts involved. We take up the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (A) while upholding the Order-in-Original has recorded the following findings. 6. I have gone through the facts of the case, the impugned order and the documents furnished by the appellants. Adjudicating Authority has given a categorical finding in para 24 to 28 of the impugned order on various arguments of the appellants including the volumes of paper books submitted by the appellants. In para 24 of the impugned order, there is categorical finding to the effect that statements from so many persons were recorded, which evidence made out a strong case against the appellants by establishing that the imported scrap was never received in the factory and the retraction by few people can be termed as a clear case of after thought, as these we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d SDR regarding pre-deposit of the entire amounts, we are of the considered view that the amount already deposited by the appellant is sufficient to hear and dispose off the appeal by the learned Commissioner (A). We also record that the appellant will not seek for refund of the amount, which is already deposited by them. 8. In view of the above, without recording any opinion on the merits of the case, keeping all the issues open, we remand the matter back to the learned Commissioner (A) to reconsider the issue afresh by following principles of natural justice and dispose of the matter within three months from the date of production of this order. The stay applications and appeals are disposed of by way of remand. (Pronounced and dict ..... X X X X Extracts X X X X X X X X Extracts X X X X
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