9911796707
TMI Blog2013 (11) TMI 383X X X X Extracts X X X X X X X X Extracts X X X X ..... en filed by M/s Amba Poly Crome Pvt. Ltd. seeking waiver of pre-deposit and stay of recovery of amount of Rs.35,01,028/- and equal amount of penalty imposed by the original authority and confirmed by Commissioner (Appeals). 2. The appellants are engaged in the manufacture of HDPE fabric/bags and availing Cenvat credit of the duty paid on the inputs in terms of Cenvat Credit Rules. During the audi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of their unit it was never pointed out by the audit party regarding availment of this credit. He further submits that when this mistake was brought to their notice, they paid the credit pertaining to normal period of limitation. He submits that they have a strong case on the ground of limitation and therefore pre-deposit is required to be waived. 4. Ld. D.R. appearing for Revenue submits that i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time limitation and has held that that extended period is invokable. Prima facie, I find that the appellants do not have a strong case on merit. Accordingly, I direct the appellants to deposit the entire duty along with interest in full within eight weeks after adjusting the amount already deposited and on due compliance, there shall be stay of recovery against penalty imposed on the appellants. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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