9911796707
TMI Blog2013 (4) TMI 503X X X X Extracts X X X X X X X X Extracts X X X X ..... from the requirement of pre-deposit of Rs. 52,65,993/- confirmed against the appellant under Rule 6(3) of Cenvat Credit Rules, 2001 along with interest and penalty of equal amount imposed on them under Rule 5 ibid vide Order-in-Original dtd. 21.07.11 passed by Commissioner, Central Excise, Raipur. The appellant manufacture sponge iron, for which the main raw material is iron ore lump. Since for m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cable and in respect of clearances of iron ore fine, the appellant would be required to pay an amount of 8% of the sale value. It is on this basis that the Order-in-Original dtd. 21.07.11 confirming the demand of amount payable under Rule 6(3) along with interest and imposing penalty on the appellant, has passed by the Commissioner. Against this order, the present appeal along with the stay applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any fraud, wilful misstatement, suppression of facts etc, the same could not be invoked and the demand is, therefore, time barred. He therefore, pleaded that in view of these circumstances, the requirement of pre-deposit of demand of Rs. 52,65,993/- along with interest and penalty of equal amount, may be waived for hearing of the appeal and recovery thereof may be stayed during the pendency of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arding agent's services in receipt of iron ore lumps in respect of which Cenvat Credit has been availed and which have been used in the manufacture of dutiable as well as exempted final product. 6.1. On time bar aspect, he pleaded that the appellant in the ER-1 returns filed by them did not mention the clearance of iron ore fines and, hence longer limitation period has been correctly invoked. 6. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are directed to deposit an amount of Rs. 3 lakhs within a period of four weeks from date of this order. Compliance to be reported on 23.04.12. On deposit of the above amount within the stipulated period, the requirement of pre-deposit of balance amount demanded under Rule 6(3), interest on this amount and penalty, shall stands waived and recovery thereof stayed till the disposal of the appeal. X X X X Extracts X X X X X X X X Extracts X X X X
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