2005 (9) TMI 127

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..... lf requires to be finally disposed of at this stage. Hence, after dispensing with pre-deposit, we proceed to deal with the appeal. 2. Ld. Commissioner of Central Excise has denied the benefit of Notification No. 30/2004-C.E., dated 9-7-2004 to the assessee and confirmed demand of duty of over Rs. 66 lakhs against them. He has also imposed a penalty of Rs. 10 lakhs on the party. It appears from t .....

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..... ut, duty credit was not availed, the benefit of the Notification was admissible. Nevertheless, he denied the benefit of exemption to the party. We have heard ld. SDR also. 3. The appellants have furnished evidence of input duty credit having been reversed by them on 5-8-2004. They have also relied on the Board's Circular No. 795/28/2004-CX, dated 28-7-2004, wherein it was clarified that, where a .....

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