TMI Blog2014 (4) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... B.L. Narasimhan, Advocate For the Respondent: Ms. Ranjana Jha, Jt. CDR: ORDER Per Archana Wadhwa : The petition is for dispensing with the condition of pre-deposit of duty of Rs.20,77,60,576/- confirmed against the applicant/appellant and penalty of Rs. One crore imposed upon them. As per facts on record the appellant imported motor vehicle components and paid Countervailing Duty at the time of clearance of the same. As the appellant was registered dealer, they availed the credit of said CVD in their RG-23D and issued cenvatable invoices to their clients, who further availed the benefit of said CVD. 2. Inasmuch as at the time of clearance of the goods to their customers, they were putting the same in plastic bins which we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 012 wherein, by considering the same plea of Revenue neutrality unconditional stay was granted. 5. Contesting the above stand of the ld. Advocate, Ms. Ranjana Jha, ld. Jt. CDR, draws our attention to Section2(f)(iii) wherein the activity of packing/re-packing, labelling/re-labelling and adoption of any other treatment on the goods renders the product marketable and is required to be held an activity of manufacture. Inasmuch as the appellant have admittedly undertaken re-packing of the imported goods as also done re-labelling, the activity undertaken by the appellant would clearly fall within the said definition. She also submits that though the appellant was filing monthly returns as registered dealers, but the fact of re-packing and re-l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd that there is no dispute about the fact that the appellant have paid countervailing duty at the time of import of the goods on MRP declared by M/s DMS Corporation. The Revenue has confirmed excise duty by adopting the same MRP. Even if the Revenues contention is accepted at this prima facie stage, the appellant would be entitled to Modvat credit of CVD paid at the ;time of import thus, neutralizing the entire duty confirmed against M/s DMS Corporation. 7. By taking the fact of the Revenue neutrality into consideration in the above referred matter unconditional stay was granted. By adopting the same reasons and also the stay order, we dispense with the condition of pre-deposit of duty and penalty and stay the recovery of same during pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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