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TMI Blog2013 (11) TMI 1294X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of inputs, were cleared from the factory and the waste and scrap on which CENVAT Credit availed, were cleared as such – Assessee is directed to submit Rupees fifty lakhs as pre-deposit – upon such submission rest of the duty to be waived till the disposal – Partial Stay granted. - APPEAL NOs.E/A/639-642/2011 - ORDER NO.SO/71241-71244/2013 - Dated:- 30-9-2013 - DR. D.M.MISRA AND DR. I.P.LAL, JJ. FOR THE APPELLANT : SHRI B.N.CHATTOPADHYAY, CONSULTANT ASSISTED BY SHRI A.CHAKRABORTY, ADVOCATE FOR THE RESPONDENT: SHRI S.MISRA, A.R.( ADDL. COMMR.) ORDER Per Dr. D. M. Misra These Applications are filed seeking waiver of predeposit of CENVAT Credit of Rs.2.38 crore and equal amount of penalty imposed under Rule 15(2) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch clearances. However, he has fairly conceded that they had not maintained the Daily Stock Account i.e. RG-I Register, showing these waste materials as production and debiting the stock while clearing the same. The ld. Consultant further submitted that the Applicant Company incurred heavy losses to the tune of Rs.36.00 crore during the financial year, 2012-13 and any direction for predeposit would result in undue financial hardship. He has further submitted that during the course of investigation, the Applicant No.(1) had already deposited an amount of Rs.15.00 lakh. 4. Ld. AR for the Revenue, on the other hand, has submitted that the Applicant had not maintained any records in establishing the claim that the inputs, on which the CENVAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mention of removal of input-waste, after carrying out these processes, rather it has been uniformly shown as waste and scrap . Thus, invariably, in all these invoices, the goods were declared as waste and scrap not as input waste and scrap . Therefore, at this stage, in the absence of sufficient evidences, it is not possible to appreciate, how much waste and scrap generated from processing of inputs, were cleared from the factory and the waste and scrap on which CENVAT Credit availed, were cleared as such. In other words, it is a case of appreciation of evidence which would be possible at the time of disposal of the Appeal. Keeping in view the hardship expressed by the Applicant No.(1), the interest of the revenue and the principle of l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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