9911796707
TMI Blog2013 (11) TMI 1179X X X X Extracts X X X X X X X X Extracts X X X X ..... arance of goods and without sufficient balance in PLA - the applicant is directed to deposit a sum Rupees One lakh as pre-deposit – Upon such submission rest of the duty to be waived till the disposal – Partial stay granted. - E/177/12 - - - Dated:- 17-6-2013 - SHRI. P.K. DAS AND SHRI. MATHEW JOHN, JJ. For the Appellant: Shri M.S. Nagarajan, Advocate For the Respondent: Shri K.S.V.V. Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. Commissioner of Central Excise that they had paid the entire amount in cash through TR-6 challan on 5.7.07 and also informed that they are re-crediting the amount. Accordingly, the applicant re-credited the entire amount in the cenvat account. A Show Cause Notice dt. 1.12.2010 was issued proposing to demand of duty and also to appropriate the amount already deposited along with interest and pen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cate on behalf of the applicant submits that from the correspondences as furnished in the appeal would show that they have informed entire facts to the Revenue during the material period and therefore demand of duty and imposition of penalty for extended period is not sustainable. He further submits that applicant already reversed the credit along with interest and therefore they are eligible for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8,989/- without sufficient balance in their PLA and it amounts to clearance of goods without payment of duty and penalty is justified. 5. After hearing both sides and perusal of records, we find that applicant already reversed the irregular credit and paid by cash with interest. However, we find some force in the submission of the Ld. AR in respect of imposition of penalty of Rs.10,18,989/- wher ..... X X X X Extracts X X X X X X X X Extracts X X X X
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