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TMI Blog2013 (5) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... t are not identifiable in the final product by reason of the fact that it gets consumed in the manufacturing process. In the present case, since the approximate consumption of imported ‘Selbana’ is only 0.02%, it may be that the assessee formed a belief that the same was consumable and not a raw material in the manufacture of the final product. Moreover, it is not in dispute that in the present case, the plant, machinery and building belonging to the assessee have already been taken over by the Asset Reconstruction Company (India) Ltd. in the year 2007. Apart from the above, the assessee has also been declared as a sick unit under the Sick Industrial Companies Act, 1985. - Stay granted in full - order of CESTAT modified. - 17 of 2011 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judicating authority confirmed the demand of duty amounting to Rs. 74 crores with interest and also imposed penalty. Challenging the aforesaid orders, the assessee filed an appeal before the CESTAT with an application seeking waiver of pre-deposit of the duty demand confirmed by the orders-in-original. 6. By an order dated 13th May, 2010 the CESTAT directed the appellant to make pre-deposit of Rs. 5 crores on the ground that the assessee had admitted that the duty demand amounting to Rs. 5.64 crores would be within the period of limitation and the balance amount alone would be time-barred. 7. On an appeal filed by the assessee, this Court set aside the order dated 13th May, 2010 and directed the Tribunal to decide the matter afresh and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f limitation. According to the assessee, the imported goods were not used as raw materials but were used only as consumables. Rejecting the contention of the assessee, the Adjudicating Authority confirmed the demand by invoking the larger period of limitation. 12. The question, therefore, to be considered is, whether there is any merit in the contention of the assessee, that the imported materials were not the raw material required in the manufacture of the final products? 13. From the materials placed before the Adjudicating Authority, it is seen that the anti static agents are used as processing aids to reduce friction, control static charge build up and to increase cohesion between the fibers and not as raw materials as such. It is f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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