TMI Blog2014 (10) TMI 237X X X X Extracts X X X X X X X X Extracts X X X X ..... ut, the Cenvat credit was denied on the ground that the applicant failed to produce the proper records to show that the inputs were used in the manufacture of the final product. It is seen that after taking into consideration of the cum-duty benefit, the demand would be ₹ 69,72,687/-. The applicant also contended the demand is barred by limitation. We are not impressed with the argument of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n for waiver of pre-deposit of duty of ₹ 78,54,941/- alongwith interest and penalty for the period Apr. 07 to Dec. 11. 2. The applicant is engaged in the manufacture of Cold Rolled Metal Sections classifiable under Chapter 72 of the Central Excise Tariff Act, 1985. Since 2000, the applicant was clearing the goods under the brand name of TI Metsec , which is registered trade mark of M/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l for the applicant submits that they have already paid a sum of ₹ 12,95,239/- and interest of ₹ 3,08,121/-. They claimed the benefit of Cenvat credit of ₹ 56,85,567/-. 4. On a perusal of the impugned order, we find that the adjudicating authority accepted that the inputs were received in their factory. But, the Cenvat credit was denied on the ground that the applicant failed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 239/-. We find that there is a dispute of the use of the inputs. The applicant also produced the franchisee agreement and other records to establish the use of the inputs in the manufacture of final products, which will be examined at the time of appeal hearing. Considering the overall facts and circumstances of the case, we direct the applicant to pre-deposit further amount of ₹ 10,00,000/- ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
