TMI Blog2014 (4) TMI 377X X X X Extracts X X X X X X X X Extracts X X X X ..... o an ample reserve and cash in hand. - stay granted partly. - Appeal No. : E/14025/2013 - ORDER No. M/11831/2014 - Dated:- 3-4-2014 - Mr. M.V. Ravindran and Mr. H.K. Thakur, JJ. For the Appellant : Shri S. J. Vyas (Advocate) For the Respondent : Shri J. Nagori (A.R) JUDGEMENT Per : Mr. M.V. Ravindran; 1. This stay petition is filed for waiver of predeposit of an amount of duty confirmed, interest thereof, and penalties imposed. The said dues are adjudged by the adjudicating authority on the ground that the appellant had, during the period April 2008 to December 2012, cleared Di Calcium Phosphate - Animal Feed Grade without payment of duty by classifying the same under Chapter 23 while the correct classification o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13 indicates a very meagre profit after the expenses. He submits that, on merits also, the Chapter Note to Chapter 23 needs to be properly addressed which has not been done so by the adjudicating authority. 2. The Learned Departmental Representative, on the other hand, would draw our attention to the fact that the appellant manufactures Di Calcium Phosphate - Animal Feed Grade by acidulation method i.e. treating the raw material Rock Phosphate with Hydrochloric acid with lime stone powder and salt. It is his submission that since there is a chemical process involved, the classification of the product would be under Chapter 28 and sub-heading 28352500 of the Central Excise Tariff Act, 1985. As regards the limitation, it is his submission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter all the taxes have been paid and there is also an ample reserve and cash in hand. In order to hear and dispose of the appeal, we are of the view that appellant should be put to some conditions. The claim of the learned counsel that extended period which has been invoked by the show cause notice is incorrect does not seem to be in consonance with the law inasmuch as, the learned counsel has not produced any evidence as to that they had kept the department informed about the activities of manufacturing of Di-Calcium Phosphate - Animal Feed Grade . Keeping in mind the totality and the arguable case involved, we direct the appellant to deposit a sum of Rs.1,00,00,000/- (Rupees One Crore only) within a period of 8 weeks from today and repo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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