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TMI Blog2012 (10) TMI 495X X X X Extracts X X X X X X X X Extracts X X X X ..... e, the Jammu unit cleared Crude Menthol Oil without subjecting it to the process of manufacture – pre-deposit waived - 81 of 2011 - - - Dated:- 12-10-2011 - Dr. D.Y. Chandrachud and A.A. Sayed, JJ. REPRESENTED BY : S/Shri V. Shridharan, Sr. Advocate with Prakash Shah and Jas Sanghavi, i/b PDS Legal, for the Appellant. Shri A.S. Rao, for the Respondent. [Order P.C.]. This appeal by the assessee arises out of an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dated 28 December 2010 on an application for waiver of pre-deposit. The CESTAT has directed the Appellant to deposit an amount of Rs. 1.93 Crores. The order of the CESTAT records that the Appellant had already deposited an amount of Rs. 2 Cro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms of Notification 56/2002-C.E. and to enable the Taloja unit to avail of Cenvat credit. A notice to show cause was issued upon which an order of adjudication was passed confirming the demand and imposing a penalty The Commissioner demanded duty of over Rs. 22 Crores from the Jammu unit and imposed an equal amount of penalty. An equal amount of duty was demanded from Taloja unit by denying Cenvat credit taken on the goods supplied by the Jammu unit. Personal penalties have been imposed on the directors. 4. The order passed by the CESTAT records that during the investigation the Jammu unit paid an amount of Rs. 3.93 Crores while the Taloja unit paid an amount of Rs. 2 Crores. The Tribunal, as regards the Jammu unit relied upon an order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d has been still made. 6. The Tribunal noted that in addition to the amount of Rs. 3.93 Crores which was paid back by the Jammu unit, the unit at Taloja had also paid an amount of Rs. 2 Crores. The Tribunal, however, directed the unit at Taloja to deposit even the balance of Rs. 1.93 Crores. 7. Counsel appearing on behalf of the Appellant submitted that (i) The Appellant is ready and willing to make a statement that it shall not claim back a refund of Rs. 3.93 Crores claimed by the Jammu unit pending the disposal of the appeal before the Tribunal; (ii) The Appellant has already deposited an amount of Rs. 2 Crores during the course of the investigation in respect of its Taloja unit; (iii) There was in the circumstances no justification t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant has already deposited an amount of Rs. 2 Crores out of the total Cenvat credit of Rs. 3.93 Crores alleged to have been taken wrongly, the Revenue would be sufficiently secured in terms of the statement made on behalf of the Appellant as noted herein above. For the aforesaid reason, we dispense with the requirement of the deposit of the balance of Rs. 1.93 Crores as ordered by the Tribunal. The Appeal shall accordingly stand disposed of by dispensing with the requirement of depositing of a further amount of Rs. 1.93 Crores as directed by the Tribunal, subject to the Appellant filing an undertaking before the Tribunal within a period of two weeks from today that the Appellant shall not, during the pendency of the Appeal, seek a refund o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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