9911796707
TMI Blog2014 (11) TMI 670X X X X Extracts X X X X X X X X Extracts X X X X ..... CGSC, for the Respondent. JUDGMENT The assessee seeks admission of the Civil Miscellaneous Appeal on the following question of law :- "1. Whether the Hon'ble Tribunal was correct in directing the appellant to pre-deposit Rs. 40 lakhs for hearing the appeal and to stay the operation of the impugned order? 2. Whether the Hon'ble Tribunal was justif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Department denied Cenvat credit on M.S. Angles, M.S. Channels, M.S. Plates, TMT Rods etc. to the tune of Rs. 1,72,75,850/-. Apart from demanding interest and penalty to the tune of Rs. 15,80,000/- for the period from June, 2007 to November, 2009, the reason assigned by the Department was that these materials were used by the appellant only in the building of supporting structures/foundations fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l products only for building supporting structures. 6. The Customs, Excise and Service Tax Appellate Tribunal considered the rival contentions pointed out that in the Final Order No. 40179/2013, dated 8-5-2013, the items in the subject matter were Additional Electrostatic Precipitator on raw mill project, Additional Fly Ash Handling System, MMD Crusher, etc., and the case on hand appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led. 7. Mr. C. Saravanan, learned counsel appearing for the appellant submitted that the Tribunal was not correct in directing the appellant to pre-deposit the amount for hearing the appeal and the observation of the Tribunal that the appellant has failed to make out a prima facie case was an incorrect finding. He further submitted that the Tribunal has failed to take into consideration the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 40 lakhs. 10. Considering the submissions made and taking note of the earlier order passed by this Court and the case of the appellant herein, this Court is of the view that the pre-deposit amount shall be reduced to Rs. 25 lakhs and such deposit shall be made on or before 30-11-2013. Upon such deposit, the balance adjudged dues shall remain waived and recovery thereof stayed till the pen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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