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2014 (12) TMI 114 - AT - Central ExciseManufacture of patta and patti - Compounded levy - SSI exemption - Captive consumption - Appellant misconceived that it was eligible to the exemption and wrongly availed the benefit - violation of Notification No. 214/86-CE, dated 25-3-1986 - Held that:- Fiction was only created by the appellant that SS circles were not marketable goods. Such plea was discarded by learned Adjudicating Authority when buyers thereof confirmed that they had purchased such goods from the appellant. To determine the assessable value of SS circles, department did not resort to any arbitrary process but followed the guidelines of CAS 4. Law is very clear that benefit of compounded levy is extendable subject to compliance to the procedure of law, which cannot be given go-by. Admittedly, the appellant not being registered manufacturer under the law, failed to avail the benefit of compounded levy scheme, if any applicable. Prima facie, Appellant failed to succeed on its claim of SSI exemption benefit, due to unregistered status and due to dubious practice followed. Learned authority determined assessable value of hot rolled Patta Patti following CAS 4 guideline. This shows that the authority has not acted arbitrarily. He has given appropriate concession to the traded goods to determinate the value of dutiable goods. From the material facts and evidence on record, it appears that balance of convenience tilts in favour of Revenue for which dispensation of pre-deposit shall cause prejudice to the interest of Revenue. Therefore considering totality of the facts and circumstances of the case and also considering quantum of duty of ₹ 2,37,56,152 levied followed by equal amount of penalty and interest, appellant is directed to make deposit of ₹ 1,50,00,000 within 4 weeks of receipt of this order and make compliance on 4-8-2014. - Following decision of Benara Valves Ltd. v. CCE - [2006 (11) TMI 6 - SUPREME COURT OF INDIA] - Partial stay granted.
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