2013 (8) TMI 64

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... These 3 Stay Petitions are filed for waiver of pre-deposit of duty confirmed, interest thereof and penalties imposed on the main assessee as well as 2 individuals. 2. At the outset, ld.Counsel submits that the issue involved in this case is regarding charge of clandestine removal. It is his submission that the adjudicating authority as well as first appellate authority has not considered the plea .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... even in the case of clandestine removal, various judicial for as have taken a view that the benefit of CENVAT Credit of the duty paid on the inputs cannot be denied. We are also aware of various decisions holding that while arriving at duty liability, the amount which has been considered as a value, be considered as cum-duty price and duty liability should be worked back. Keeping all this in mind .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X