2013 (10) TMI 348

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..... . Misra : This application is filed seeking waiver of predeposit of duty of Rs.3,24,011/- and equal amount of penalty imposed under Rule 15 (2) of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. 2. The ld. Consultant appearing for the applicant, has submitted that the Applicant purchased capital goods in the year, 2004 and after being put it into use, sold t .....

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..... ed the findings of the ld. Commissioner (Appeals). 4. Heard both sides and perused the records. We find that the Hon'ble Delhi High Court in the case of Harsh International (Khaini) Pvt. Ltd. (cited supra) while considering the principle of law settled by the Larger Bench of the Tribunal in the case of Modernova Plastyles Pvt. Ltd. Vs. Commissioner reported in 2008 (232) ELT 29 (Tri.-LB), had obs .....

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