9911796707
TMI Blog2012 (9) TMI 79X X X X Extracts X X X X X X X X Extracts X X X X ..... der Section 36G of the Central Excise Act, 1944 ('Act', for short) impugns the order dated 25.07.2011 passed by the Customs Excise and Service Tax Appellate Tribunal ('Tribunal', for short). The impugned order disposes of the application for waiver of pre-deposit with the direction that the appellant should deposit Rs. 50 lakhs within 8 weeks from the date of the order. 2. After hearing the parti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ird parties. The order in original refers to the statement of Naresh Guleria, Director of the KPIPL recorded on 14.02.2006, wherein he admitted that CP 172 SG resin was purchased by them from M/s. Chemplast Sanman Ltd., New Delhi but the same was illicitly diverted to the manufacturers of battery separators without reversing the credit and also by issuing invoices for sale of PVC compounds, etc. w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that statements of 10 Truck drivers were recorded but only two of them were cross-examined. The said two Truck drivers in the cross-examination did not support the case of the Revenue. The appellant?s case it is stated is similar to other cases, where relief has been granted. The appellant is not responsible for any lapses on part of KPIPL. 5. On the other hand, if we notice the order in origin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nswer the aforesaid substantial question of law holding that the appellant shall deposit 50% of the cenvat credit of Rs. 72,56,374/- in two equal installments. The first installment will be paid within four weeks and the second installment will be paid within four weeks thereafter. The appeal before the Tribunal will be heard subject to the said deposits. 7. In the facts of the case there will be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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