TMI Blog2014 (12) TMI 323X X X X Extracts X X X X X X X X Extracts X X X X ..... and accordingly they requested that suitable clarification may be issued and their request for surrender of registration certificate may be accepted. Thereafter the surrender of registration certificate was accepted on 9.2.2011. On 16.3.2011 the Range Officer again wrote to them informing them that they could not have collected Central Excise duty from the customers since the goods were exempted in respect of these products. department had considered the issue and had taken a view that they were not liable to pay Central Excise duty on these products. Nevertheless, show-cause notice was issued in 2013 which has resulted in the impugned order demanding duty on these products. It can be seen that there was Additional Commissioner’s order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raction Ltd. 2014 (299) E.L.T. 116 (Tri.-Mumbai). He also submits that in the case of Sangrur Agro Ltd., unconditional waiver and stay against recovery was granted vide Stay Order No. SO/52009/2014-EX-DB dated 9.6.2014. On the other hand, the learned AR would submit that the appellant is not eligible for the benefit in view of the decision of the Hon ble High Court of Madras in the case of S.S.D Oil Mills Co. Ltd. 2014 (303) E.L.T. 402 (Mad.). After considering discussions and ongoing through the order, we find that it cannot be said that this decision would be applicable to the facts of this case. In that case, what clearly emerges is the fact that the Hon ble High Court took the view that palm fatty acid is not eligible for exemption unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 1 crore as penalty on the Managing Director. 12. The learned Counsel for the appellant/assessee submitted that considering the conflicting views of the Tribunal, the assessee prays for reduction in deposit amount. Taking note of the reasons stated by the learned Counsel for the assessee, and the decisions cited supra, we find that interest of justice would be served and the interest of the Revenue would also be protected by directing the assessee to deposit a sum of ₹ 75,00,000/- within a period of six weeks from today as against the direction of the Tribunal to deposit ₹ 1 crore. As regards the applicability of the decision of the Mumbai Bench of the Tribunal, the same has to be thrashed out by the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly they requested that suitable clarification may be issued and their request for surrender of registration certificate may be accepted. Thereafter the surrender of registration certificate was accepted on 9.2.2011. On 16.3.2011 the Range Officer again wrote to them informing them that they could not have collected Central Excise duty from the customers since the goods were exempted in respect of these products. He also observed that they could not have taken CENVAT credit on capital goods. This shows clearly that the department had considered the issue and had taken a view that they were not liable to pay Central Excise duty on these products. Nevertheless, show-cause notice was issued in 2013 which has resulted in the impugned order deman ..... X X X X Extracts X X X X X X X X Extracts X X X X
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