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TMI Blog2012 (7) TMI 878X X X X Extracts X X X X X X X X Extracts X X X X ..... ant. Shri Sumit Kumar, DR, for the Respondent. ORDER This is an application seeking waiver of condition of pre-deposit of the duty demand of Rs. 10,51,06,739/- with interest and equal amount of penalty as a pre-condition of hearing of appeal. 2. Briefly put the facts relevant for the disposal of this application are that the appellant is in the business of manufacture of biscuits. The bis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as payable on the printed wrappers cleared by the appellant to their contract manufacturing units and, as such, there was no occasion for availing of Cenvat credit. On this basis, the Cenvat credit availed in respect of BOPP film, polyester film and other inputs used in making printed laminated sheets was sought to be recovered along with the interest by issue of a show cause notice. The appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to waive the condition of pre-deposit. 5. Learned Shri Sumit Kumar, DR for the Revenue, on the contrary has opposed the stay application, pleading that the Commissioner was justified in disallowing the Cenvat credit availed by the appellant. 6. We have considered the rival contentions. It is not disputed that the goods in question were cleared by the appellant on payment of excise du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ufacture. This judgment has been upheld by the Apex Court vide judgment reported in 2009 (243) E.L.T. A120 (S.C.). That being the case, prima facie, we do not find any merit in the plea of the department, that since the process undertaken by the appellant does not amount to manufacture, the Cenvat credit availed by the appellant is liable to be recovered from them. Thus, we find it is a fit case i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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