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TMI Blog2014 (12) TMI 829X X X X Extracts X X X X X X X X Extracts X X X X ..... er Dr. D. M. Misra : This is an application for waiver of predeposit of duty of Rs. 2.76 Croes and equal amount of penalty imposed under Rule 25 of the Central Excise Rules, 2002 read with Section 11AC of the Central Excise Act, 1944. 2. At the outset, the ld. Advocate appearing for the Applicant, has submitted that during the relevant period, the Applicant had cleared boiler and boiler parts on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (216) ELT 51 (Tri.-Mumbai). The ld. Advocate further submits that all facts including the cancellation of contract, were informed to the Department vide letter dated 19th March, 2003 and the demand was issued to them on 10th October, 2007, therefore, the demand is barred by limitation. However, on the instruction from the Applicant, he makes an offer to deposit 10% of the duty confirmed. 3. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Calcutta and the Honble High Court has remanded the matter to the Tribunal by disposing Writ Petition No.889 of 2011 dated 11th May, 2012, with direction for re-consideration of the issue afresh. We find that the contract for supply of goods, viz, boiler and boiler parts had been cancelled by M/s WBPDCL. As a result, the Applicant had cleared the finished goods, work in progress goods and raw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to the goods on cancellation of contract ; consequently, its includibility as additional consideration in the value of goods cleared. Prima-facie, keeping in view that the matter has been remanded by the Honble High Court for re-consideration, the offer made by the ld.Advocate for the Applicant at this stage, seems to be reasonable. Accordingly, we direct the Applicant to deposit 10% of the d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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