TMI Blog2013 (8) TMI 536X X X X Extracts X X X X X X X X Extracts X X X X ..... s bank guarantee of Rs.5 lakhs were encashed in some other proceedings by the Revenue Authorities - Revenue Authorities encashed the bank gaurantee amount of Rs.5 lakhs, then the said amount if not returned to the appellant; keeping the same in mind, Appellant directed to deposit further an amount of Rs.5 lakhs - Subject to such compliance being reported to the Deputy Registrar, applications for the waiver of pre-deposit of the balance amounts involved are allowed and recovery thereof stayed till the disposal of appeals. - E/884 & 885/12 - M/12081-12082/WZB/AHD/2013 - Dated:- 11-4-2013 - M V Ravindran And H K Thakur, JJ. For the Appellant : Shri P M Dave, Adv. For the Respondent : Shri P N Sarvaiya, AR. PER : M V Ravindra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmit that the issue involved in this case is regarding the discharge of excise duty on the waste and scrap generated during the repair and maintenance of plant and machinery has been decided by the Apex Court in the ease of Grasim Industries Ltd. 2011 (273) ELT 10 (S.C.) in favour of the assessee. 5. Ld. D.R. on the other hand would reiterate the findings of the adjudicating authority. 6. On careful consideration of the submissions made by both sides and perusal of the records, we find that there is no dispute as to the fact that the appellant was the highest bidder for the plant and machinery, unserviceable spare parts and unwanted items in the factory premises of M/s. Gujarat Narmada. It is also on record that the invoices which were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al. Accordingly, we direct the appellant to deposit an amount of Rs.5 lakhs. At this juncture, ld. counsel submits that the appellant's bank guarantee of Rs.5 lakhs were encashed in some other proceedings by the Revenue Authorities which is recorded by the Commissioner (Appeals) in his order in that case. On perusal of the same, we find it so. If the Revenue Authorities had in fact encashed an amount of Rs.5 lakhs, then the said amount if not returned to the appellant; keeping the same in mind, appellant is directed to deposit further an amount of Rs.5 lakhs within a period of eight weeks from today and report compliance on 13.06.13 before the Deputy Registrar. Deputy Registrar on ascertaining compliance, will place the file before the benc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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