2014 (4) TMI 648

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..... in December 2008. The period covered in the present appeal could have been covered in the earlier show cause notice inasmuch as that show cause notice was also issued after a period of two years from June 2006. As such we are of the view that the appellant had a good case on limitation. Apart from that we also note that the appellant had already deposited Rs. 2.5 lakhs approximately. By treating .....

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..... based upon the investigation conducted at the end of the manufacturers M/s Haryana Steel Alloys Limited. It stands recorded that the said manufacturer was only manufacturing M.S. Billets and rods and as such could not have supplied inputs to the appellant. 2. Apart from contending that wherever there were direct sales of MS rounds from M/s Haryana Steel Alloys Limited, revenue has not object .....

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..... ch we are of the view that the appellant had a good case on limitation. Apart from that we also note that the appellant had already deposited Rs. 2.5 lakhs approximately. By treating the same as sufficient for the purpose of Section 35F of the Act, we dispense with the balance amount of duty and entire amount of penalty and stay the recovery of penalties upon both the appellants during the pendenc .....

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