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TMI Blog2014 (10) TMI 187X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Respondent : Shri S.P. Pal, Appraiser (A.R.) JUDGEMENT Per Dr. D.M. Misra; 1. These Applications are filed seeking waiver of pre-deposit of CENVAT Credit of Rs. 1.59 Crores and equal amount of penalty imposed under Section 11AC of Central Excise Act, 1944 and penalty of Rs. 25.00 Lakhs on Shri Biswajit Halder, Director under Rule 26 of Central Excise Rules, 2002. 2. At the outset Shri N. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposited Rs. 20.00 Lakhs in cash against the total demand of Rs. 1.59 Crore. 3. The Ld.A.R. for the Revenue reiterated the findings of the Ld.Commissioner particularly the reason for non-allowance of CENVAT Credit by the Ld.Commissioner as recorded in the impugned order(Page 78 of the Appeal Paper Book). He submits that the Ld.Commissioner has observed that the Applicant could not able to produc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the said amount as sufficient, hence, after waiving the requirement of the balance dues we take up the Appeals itself for disposal with the consent of both sides. We find that the limited dispute between Revenue and the Appellant is availability of CENVAT Credit on inputs received and utilized in their factory in the manufacture of finished goods during the period 18th August, 2008 to 31.03.200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the issue afresh taking into consideration the evidences produced before this Tribunal and also evidences that would be produced by the Appellants in support of their claim that they have correctly availed CENVAT Credit by maintaining proper accounts during the period in dispute. Appeals allowed by way of remand. Stay Petitions disposed of.
(Pronounced and dictated in the open court.) X X X X Extracts X X X X X X X X Extracts X X X X
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