2010 (5) TMI 726

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..... n, JDR, for the Respondent. ORDER The appellant M/s. L.G. Polymers India Pvt. Ltd., Visakhapatnam seeks waiver of pre-deposit of Rs. 5,62,616/- being inadmissible Cenvat credit availed (along with applicable interest) during the period February, 2003 to September, 2007 demanded from them and equal amount of penalty imposed on them as the Cenvat credit demanded. The facts of the case are that the .....

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..... pre-deposit of the amounts adjudged, the ld. Counsel for the appellants submits that the Styrene Monomer cleared in MS Drums was manufactured in terms of Note 10 of Chapter 29. According to this note, in respect of products covered by the said chapter, process of labeling or relabelling of containers or repacking from bulk packs to retail packs or the adoption of any other treatment to render the .....

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..... amount to repacking of Styrene Monomer from bulk pack to retail packs. Therefore, apparently, the assessee was not entitled to the Cenvat credit availed on MS Drums and was also liable to pay duty on Styrene Monomer to the extent credit was availed when it was cleared as such. In the circumstances, we order that the assessee shall pre-deposit the entire amount demanded within four weeks and report .....

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