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TMI Blog2015 (3) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... d this application for waiver of predeposit of duty of Rs. 37,67,339/- along with interest and penalty. 2. The brief facts of the case are that the appellants are manufacturers of motor vehicle parts i.e. seat frame falling under Chapter 87 registered with Central Excise department and paying Excise duty accordingly. Show cause notice dt. 5.8.2010 was issued to the appellant demanding Central Exc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the department, the demand was raised purely on the reconciliation of figures of closing stock as per the balance sheet for the financial year 2008-09 with ER-1 Returns. He further submits that they are following different method of maintaining the stock in their ER-1. He submits that the stock figures of finished goods shown in ER-1 reflected only such stock which were in ready-to-despatch c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scope of SCN and set aside the OIO. He also submits that they have already paid the entire amount through cenvat credit which was proposed for appropriation in the SCN as well as discussed in the OIA. 4. On the other hand, Ld. A.R for the Revenue reiterates the findings of the OIA. 5. Heard both sides. I find that since the appellant has already debited the entire duty amount in dispute, they h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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