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2014 (2) TMI 869 - AT - Central ExciseWaiver of pre deposit - Imposition of interest, penalty under Rule 15(2) of CENVAT Credit Rules, 2002 read with Section 11AC and penalty under Rule 26(2) of CENVAT Credit Rules, 2002 - Held that:- It transpires that though the show cause notice is directing the current appellants to show cause as to why a penalty should not be imposed upon them under Rule 26 (2) of Central Excise Rules, 2002, we find that the adjudicating authority has not imposed any individual penalties on the two appellants before us. Be that as it may, on a specific query from the Bench as to the provision for recovery of interest, penalties which are imposed on a proprietor/ concern, from others, it was informed that there is no such provision for recovery. On the face of it, we find that the amounts which are confirmed against M/s Aaishwarya International as dues, at the utmost, can be recovered from the proprietor of M/s Aaishwarya International and not from individuals who are, prima facie, in no way connected with the activities of such firms. In our view, the appellants herein have made out a prima facie case for waiver of pre-deposit of the amounts attributable to them by the adjudicating authority in his Order-in-Original - Applications for waiver of pre-deposit of amounts involved are allowed and recovery thereof stayed till the disposal of appeals - Stay granted.
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