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2010 (5) TMI 478 - CESTAT, CHENNAIWaiver of pre-deposit – cenvat credit – Inputs suppliers working under area based exemption Notification No. 32/99-C.E. – Excess duty paid by suppliers on freight and insurance charges by including them in assessable value and refund of whole duty including excess duty received in terms of notification - if credit of excess duty paid is allowed, the exchequer would suffer a loss by refunding equal amount to the suppliers and giving credit of the same amount to the appellants - appellants do not have a case in their favour for full waiver of pre-deposit - The appellants have also not disclosed the fact that they have taken credit of duty paid on freight and insurance charges as recorded by the lower appellate authority and hence their claim for non application of extended period of time, prima facie not sustainable - Directed to deposit 50%.
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