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TMI Blog2013 (11) TMI 1175X X X X Extracts X X X X X X X X Extracts X X X X ..... ring transit from the factory to the customer’s premises – Held that:- The rate of duty on sugar, is specific - The definition of ‘place of removal’ as given in Section 4(3)(c) of Central Excise Act, 1944, which as stated in Section 4(3) itself, is for the purpose of the section, would not be applicable and the natural meaning of this term i.e. the place on removal from which the duty is liable to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Cenvat Credit of Central Excise Duty paid on inputs and capital goods and Service Tax paid on input services. The period of dispute in this case is from 2006-07 to 2010-11 and point of dispute is as to whether they would be eligible for Cenvat Credit of Service Tax paid on transit insurance premium in respect of insurance of the goods during transit from the factory to the customer s premises. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m of Cenvat Credit demand to Rs.1,73,171/- and also penalty to the same amount. The balance demand for the period prior to the 01.04.2008 was dropped. Against this order of the Commissioner (Appeals) this appeal has been filed along with stay application. 2. Heard both the sides in respect of stay application. 3. Sh. R. Krishnan, Advocate, the ld. counsel for the appellant, pleaded that the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overy of the Cenvat Credit, interest and penalty may be stayed till the disposal of the Appeal. 4. Sh. V. P. Batra, the ld. D.R. opposed the stay application, pleaded that transit insurance premium is not part of the assessable value. He also cited the Tribunal judgment in case of Lafarge India Pvt. Ltd. reported in 2012 (285) ELT-390 (Tri.-Del.) 5. I have considered the submissions from both ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs. 60,000/- (Rs. Sixty thousand only) within a period of four weeks from the date of this order. Compliance to be reported on 17.07.2013. On deposit of this amount within the stipulated period, the requirement of pre-deposit of balance amount of Cenvat Credit demand, interest thereon and penalty shall be waived and recovery thereof stayed. (Order dictated in the open court) - - TaxTMI - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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