2013 (8) TMI 312

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..... 2011 - - - Dated:- 20-5-2013 - MR.S.S. KANG AND MR.P.K. JAIN, JJ. For the Appellant: Shri Vinod Awtani, Chartered Accountant. For the Respondent : Shri H. Mathew, A.R. ORDER Per: S.S. Kang: Heard both sides. 2. The applicant has filed this application for waiver of pre-deposit of duty of Rs.25,59,795/-, interest and penalty. The demand has been confirmed after denying the c .....

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..... bmits that it is only during the Audit, it was found that credit was wrongly taken. It is also contention of the Revenue that the applicant has wrongly availed the credit in this case hence extended period was rightly invoked. 5. We find that the credit was availed for the year 2004 and the show cause notice was issued in 2010, i.e. after five years. In these circumstances, the applicant, prima .....

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