2008 (3) TMI 526

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..... s. Marshal Textiles Pvt. Ltd. has applied for waiver of pre-deposit and stay of recovery of duty and penalty in terms of the impugned order which had affirmed the order of the original authority. The original authority had confirmed demand of Rs. 3,81,319/-, imposed equal amount of penalty and demand of interest due on the amount demanded. The facts of the case are that the appellant, a manufactur .....

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..... the appellant had reversed the impugned credit in April, 2005 using the credit earned in March-April, 2005, which was in violation of proviso to Rule 3(4) of the Cenvat Credit Rules, 2004. Credit was wrongly taken and utilized. The proposal was confirmed after due process of law and orders as discussed earlier passed by the original authority. In the impugned order, the Commissioner (Appeals) has .....

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..... could not be cleared availing exemption under Notification No. 30/2004-C.E., dated 9-7-2004, if the appellant had used credit availed inputs in production of such goods. 4. I have studied the submissions by both sides. The demand of credit of Rs. 3,81,319/- has been made on the basis of the following provisions of Cenvat Credit Rule 3. "(4)   The Cenvat credit may be utilised for .....

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..... orities have relied on the proviso which lays down that Cenvat credit shall be utilized for payment of duty only to the extent such credit is available on the last day of the month or quarter as the case may be. In the instant case, the appellant had utilized credit earned in Mar. '05 and Apr. '05 to make good the non-reversal of credit they should have made prior to 12-7-2004. The payment of cred .....

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..... a prima facie case against the demand and penalty. In the order relied upon by the learned SDR, in a case of similar facts, the Tribunal did not uphold demand of credit similarly reversed belatedly. In the circumstances, there shall be waiver of the dues as per the impugned order and stay of recovery till the final disposal of the appeal. (Dictated and pronounced in open court)
Case laws, Dec .....

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