TMI Blog2012 (5) TMI 451X X X X Extracts X X X X X X X X Extracts X X X X ..... n amount of Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand only) within a period of eight weeks from the date of this order. On deposit of this amount within the stipulated period, the requirement of pre-deposit of balance amount of Cenvat credit demand, interest and penalty would stand waived and recovery thereof stayed till the disposal of the appeal - E/3216/2009 - 437/2011-EX(PB), - Dated:- 8-4-2011 - Justice R.M.S. Khandeparkar, Shri Rakesh Kumar, JJ. Shri Rajesh Kumar, Advocate, for the Appellant. Shri R.K. Verma, JDR, for the Respondent. [Order per : Rakesh Kumar, Member (T)]. This is an application for waiver from the requirement of pre-deposit of Cenvat credit demand of Rs. 24,35,765/- along with interest con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n this basis that after issue of show cause notice, the Additional Commissioner vide order-in-original No. 4/ADC/EX/BPL-I/2009, dated 21-1-09 confirmed the Cenvat credit demand of Rs. 24,35,765/- against the appellant along with interest on it at the applicable rate under Rule 14 of the Cenvat Credit Rules, 2004/Rule 12 of Cenvat Credit Rules, 2002 read with proviso to Section 11A(1) of Central Excise Act, 1944 and imposed penalty of equal amount on the appellant under Rule 15 of Cenvat Credit Rules, 2004/Rule 13 of Cenvat Credit Rules, 2002 read with Section 11AC of Central Excise Act, 1944. In course of proceedings before the Additional Commissioner, the appellant had produced a certificate from Chartered Accountant certifying that during ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty paid on these capital goods, the depreciation for the purpose of income-tax had also been claimed on the value which included the duty element, this allegation is not correct, as a certificate has been produced by the appellant s Chartered Accountant, certifying that while claiming depreciation, the duty element had not been included in the capital goods, that the department has not produced any evidence that this certificate given by their Chartered Accountant is incorrect, that along with the Chartered Accountant s certificate, detailed invoice wise list of the capital goods purchased during 2003-2004 and 2004-2005 had also been enclosed giving the basic price. Central Sales Tax and Excise Duty and from this list, it will be clear t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led by them from the department and, therefore, extended period under proviso to Section 11A(1) of Central Excise Act has been correctly invoked and penalty under Section 11AC of Central Excise Act has been correctly imposed. He, therefore, pleaded that this is not the case for waiver from the requirement of pre-deposit. 3. We have carefully considered the submissions from both the sides and perused the records. 4. As regards the first objection regarding the availment of Cenvat credit that the appellants at the time of receipt, in spite of confining the credit to 50% of the duty amount and availing the balance credit in the next financial year, had taken the entire credit at the time of receipt only, we find that though this is in cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conducted and the certificate issued by Chartered Accountant produced by the appellant has been rejected on the ground that the same has been issued on the strength of the forged document without explaining as to which document have been forged. The appellant in course of proceedings before the lower authority had given detailed invoice wise break up of the capital goods received during 2003-2004 and 2004-205, along with the break up of each invoice value into the basic price, central sales tax and excise duty and had claimed that it is the total of the basic price plus central sales tax during 2003-2004 and 2004-2005, which in the balance sheets of these years, has being mentioned as the amount on which depreciation had been claimed, but ..... X X X X Extracts X X X X X X X X Extracts X X X X
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