2014 (10) TMI 815

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..... vat credit and, therefore, it is a clear mis-statement of facts. Hence, the applicant is directed to make a pre-deposit of ₹ 1,00,000 within a period of six weeks from today. Upon deposit of the same, pre-deposit of balance amount of tax, interest and penalty shall remain waived and recovery thereof stayed till the disposal of the appeal - partial stay granted. - ST/00148/2012 - MISC. ORDER .....

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..... ain. He also pleaded that the demand is barred by limitation. They have disclosed availment of Cenvat credit in their return and also claimed the benefit of exemption notification and, therefore, there is no suppression of facts with intent to evade payment of tax. Relied upon the decisions of the Tribunal in the case of Viral Builders Vs Commissioner of Central Excise, Surat reported in 2011 (21) .....

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..... t eligible for Cenvat credit and, therefore, it is a clear mis-statement of facts. Hence, the applicant is directed to make a pre-deposit of ₹ 1,00,000/- (Rupees One Lakhs only) within a period of six weeks from today. Upon deposit of the same, pre-deposit of balance amount of tax, interest and penalty shall remain waived and recovery thereof stayed till the disposal of the appeal. To report .....

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