2012 (11) TMI 263

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..... Stay Petition is filed for waiver of pre-deposit of Rs.29,38,166/-, interest thereof and penalties under Rules 15(1) and Rules 25(1) of Central Excise Rules, 2002. 2. The above said amounts have been confirmed by the adjudicating authority and upheld by the first appellate authority on the ground that the appellant is not eligible to avail the CENVAT Credit of duty paid by M/s Hero Honda Motors .....

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..... ng against the appellant for availing CENVAT Credit only on the ground that there was suppression of facts by M/s Hero Honda Motors Ltd while paying the amount through supplementary invoices. 4. Ld.D.R, reiterates the findings of the adjudicating authority and submits that the decision of the Tribunal in the case of Australian Foods India Pvt. Ltd., Toshi Auto India Pvt.Ltd (now Lumax Automative .....

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