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TMI Blog2011 (7) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... ants to reverse the Cenvat credit amounting to Rs. 25,59,857/- and Rs. 14,11,216 respectively - It is pointed out that the excise duty paid by the appellants is much more than the Cenvat credit availed by the appellant - It is pointed out that Cenvat credit was not claimed or paid to the appellant in cash but was utilized in payment of excise duty only - Decided in the favour of assessee - CEAC 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h March, 2011 passed by the learned Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as the CESTAT ) on the stay applications filed by the appellants in the appeals which are still pending before the CESTAT. Vide impugned order, the appellants are directed to deposit 60% of the amount demanded within a period of eight week while waiving the amount of interest and penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ause notices were issued to the appellants asking the appellants to reverse the Cenvat credit amounting to ₹ 25,59,857/- and ₹ 14,11,216 respectively. Notices were also issued on the premise that the process of lamination/metalisation of polyester films undertaken by the appellants does not amount to manufacture and, therefore, the appellants were not entitled to take credit of duty pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Commissioner (Appeals), the appellants have now preferred further appeals before the CESTAT which, as mentioned above, are still pending before the CESTAT. In these appeals, the appellants moved stay application seeking waiver of pre-deposit in which the impugned orders have been passed. 5. The neat submission made by the learned counsel for the appellant is that if the aforesaid process i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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