9911796707
TMI Blog2014 (1) TMI 625X X X X Extracts X X X X X X X X Extracts X X X X ..... arrived at a conclusion that the amount of CENVAT Credit debited by the Applicant, were not correct - There was no merit that incorrect interpretation of data by the assesse, would result in suppression of fact or mis-statement of fact - the assessee made an offer to deposit Fifteen Lakhs within the normal period is accepted – upon such submission rest of the duty to be stayed till the disposal – Partial stay granted. - Appeal No.05/2011 - ORDER NO.S-111/KOL/2013 - Dated:- 22-3-2013 - Dr. D.M. Misra and Dr. I.P. Lal, JJ. For the Appellant: Sri Vipin Kumar Jain, Advocate For the Respondent: Sri S. Misra, Additional Commissioner (A.R.) ORDER PER DR. D.M. MISRA: By the present application, the applicant sought waiver o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out of the same have been periodically submitted to the Department and there has been no suppression of facts nor mis-statement or mis-declaration on their part. It is his contention that the Ld. Commissioner in his finding has acknowledged the data submitted by them were correct but on interpretation of the said data, the result which emerged, had been different. Thus, it is his contention that extended period of limitation cannot be invoked for recovery of alleged wrong availment of CENVAT Credit in view of the series of judgments of the Honble Supreme Court. However, the Ld. Advocate for the Applicant made a offer to deposit Rs.15.00 Lakhs (Rupees Fifteen Lakhs) of Cenvat Credit involved for the normal period. 3. The Ld. A.R. for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that incorrect interpretation of data by the assesse, would result in suppression of fact or mis-statement of fact. In these circumstance, the offer made by the Ld. Advocate to deposit Rs.15.00 Lakhs (Fifteen Lakhs) the Cenvat Credit involved for the normal period, is accepted and the applicants are directed to deposit the same within four weeks and on deposit, the balance amount of dues adjudged would stand waived and its recovery would be stayed during pendency of the appeal. Compliance to be reported on 29th April, 2013. Since the amount of duty is substantial, the Registry is directed to fix the Appeal for hearing, after compliance, along with connected Appeals, if any. (Dictated and pronounced in the open court) - - TaxTMI - TMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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