9911796707
TMI Blog2012 (10) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... have heard Shri Rakesh Kumar, learned counsel appearing for the appellant-company. Shri S.P. Kesarwani, Additional Chief Standing Counsel appears for the respondents. 2. This Central Excise Appeal under Section 35-G of the Central Excise Act, 1944 arises out of the order of Customs, Excise & Service Tax Appellate Tribunal (the Tribunal) dated 8.8.2012 rejecting appellant's application for waiver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udicating Officer. It was contended that the abatement as 30% of retail sale price was also applicable to grey cement manufactured by the appellant-unit beyond the limit of SSI exemptions. The Tribunal has found that the entry at Serial No.28 relates to white cement and not grey cement manufactured by the appellant-company. No other type of cement has been granted abatement by any notification. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity had granted relief to the appellant by allowing the appeal as against the penalty. The appellant has annexed the provisional balance sheet and profit & loss account for the year ended 31.3.2012. These accounts show that the appellantcompany has been paying excise duty and looking to the turnover and profits of the previous years, the company will suffer any such financial hardships in deposi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d any error in the order of the Tribunal. 6. In this case the Tribunal has given additional reason that the appellant was put on notice that during the period in question he was required to pay excise duty on the goods cleared by him as per Notification dated 1.3.2006, and thus it cannot be said that the impugned order has gone beyond the scope of show cause notice. 7. In this appeal the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lready paid Rs. 59.80 lacs and stipulated the payment of balance amount of Rs. 222.20 lacs along with interest w.e.f. June, 2012 to January, 2013. The company also proposed to pay the dues of UPFC in full and final settlement of all the dues in two quarterly installments. 9. Since the appellant-company has not ceased production, and is making payments to the bank and financial institutions, we do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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