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TMI Blog2011 (8) TMI 249X X X X Extracts X X X X X X X X Extracts X X X X ..... ; This stay petition is filed for waiver of pre-deposit of amount of Rs. 8,82,191/- along with interest and penalty imposed under Section 11AC of the Central Excise Act, 1944 and penalty of Rs. 5,000/- under Rule 22 of the Central Excise Rules, 2002. 2. After hearing both the sides on stay petition for some time, we find that appeal itself can be decided at this juncture as the iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xtile Mills Pvt. Limited & Others as per order No. A/1818/1822/WZB/HAD/2010 dated 12.10.2010. 4. Learned SDR on behalf of the Revenue would submit that learned Commissioner has referred to Board Circular dated 01.07.2007 which indicates that appellant should be able to show from the records and can take proportionate cenvat credit on the inputs at the month end which indicates that appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the original adjudicating authority to reconsider the issue afresh in the light of the final order dated 12.10.2010 in the case of M/s. Sambhu Textile Mills Pvt. Limited & Others. Needless to mention that adjudicating authority shall follow the principles of natural justice. Appeal is allowed by way of remand. Stay petition also get disposed of. (Dictated and pronounced in the Court) &nbs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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