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TMI Blog2012 (10) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... ship even to the extent of closing down the industry and also keeping in view that the matter is under active consideration of the Apex Court in the case of Union of India vs. West Coast Paper Mills Ltd.[2004 (2) TMI 344 - SUPREME COURT OF INDIA], the appeal of the appellant before the Tribunal may be heard, provided the appellant deposits 50 percent of the imposed excise duty with the AO within eight weeks from Order and furnishes security, which may be other than cash or bank guarantee, for the balance amount before the Assessing Officer within the same period. - CENTRAL EXCISE APPEAL No. 679 of 2012 - - - Dated:- 4-9-2012 - Vineet Saran, And Mushaffey Ahmad, JJ. Re: Appeal The appeal is admitted on the following substantial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... serve the respondents. List this appeal for hearing immediately after three months. Re: Stay application Issue notice. Notice on behalf of the respondent has been accepted by Sri Vinod Kant. He prays for and is granted a month's time to file counter affidavit. The appellant shall have two weeks thereafter to file rejoinder affidavit. The case of the appellant is that it was entitled for exemption of central excise duty as it had undertaken expansion of its factory and commenced production after 7.1.2003. The present dispute is with regard to the notices dated 15.6.2004, 5.7.2005, 23.3.2006, 4.1.2007, 27.7.2007, 21.2.2008, 27.11.2008 and 12.10.2009 relating to the years 2004 to 2009. It is not disputed that earlier also t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 012 passed by the Tribunal, the penalty and interest imposed has been waived and the appellant has been required to deposit the concluded excise duty of Rs. 13,80,92,705/- before the appeal of the appellant can be heard by the Tribunal. Challenging the said order, this appeal has been filed under section 35-G of the Act. The submission of the learned counsel for the appellant is that since the appellant had claimed and was under the genuine belief that it would be entitled to the exemption, the tax was not collected or passed on to the consumer. It has further been submitted that the matter in issue is under active consideration of the Apex Court in Civil Appeal No. 9747 of 2010, as such the realisation of any excise duty from the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X
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