TMI Blog2015 (3) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... has already debited the entire duty amount in dispute, they have made out a prima facie case for waiver of interest and penalty. Accordingly, the predeposit of interest and penalty is waived and its recovery is stayed till disposal of the appeal - Stay granted. - E/40889/2014 - - - Dated:- 8-10-2014 - R Periasami, J. For the Appellant : Mr S Ramachandran, Consultant For the Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de OIO dt. 31.10.2011 following the principles of natural justice and examining the ER-1 returns dropped the proceedings initiated in the SCN. The Revenue filed appeal against the OIO before the Commissioner (Appeals). The appellate authority in the impugned order has set aside the OIO and allowed the departmental appeal. Hence this appeal along with stay petition before the Tribunal. 3. Ld. Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rence in stock of finished goods was duly explained with documentary evidence before the adjudicating authority. The stock shown in the balance sheet was subsequently taken on record as production stock during April of the next financial year and duly cleared and accounted subsequently. There was no clandestine removal of finished goods. He also submits that after verifying the documentary evidenc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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