9911796707
TMI Blog2012 (6) TMI 193X X X X Extracts X X X X X X X X Extracts X X X X ..... ch an appeal was filed to the first respondent, the Commissioner of Central Excise (Appeals) along with a stay application claiming waiver of duty and penalty – Held that:- suo motu taking credit by the petitioner is not justified and beyond the scope of Cenvat scheme. issue deserves to be considered in the main appeal filed by the petitioner before the first respondent. Further, the learned couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uty and penalty and to decide them on merits. 2. The Deputy Commissioner of Central Excise Chennai II Division ordered recovery of credit of Rs. 34,94,349/- claimed by the petitioner suo motu in their Cenvat Credit account under Rule 12 of the Cenvat Credit Rules 2001 after adjusting a sum of Rs. 17,94,349 paid by the petitioner. Further, a sum of Rs.5,000/- was imposed as fine under Rule 13 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the Company was declared as a sick industrial unit and since the proceedings are pending before the BIFR granted interim injunction on 26.11.2002 and it was made absolute on 16.9.2003. 4. A counter affidavit has been filed by the respondents controverting the merits of the petitioner's case. Insofar as the pre-deposit is concerned it has been pointed out by the respondents in para 15 that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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