9911796707
TMI Blog2015 (10) TMI 2205X X X X Extracts X X X X X X X X Extracts X X X X ..... i S. Khanna, Proxy Advocate For the Respondent : Shri Pramod Kumar, DR ORDER Per Ashok Jindal: The appellant is in appeal against the impugned order demanding interest and imposition of penalty on them. 2. The facts of the case are that the show cause notice was issued to the appellant for demanding the duty of Rs. 11,50,792/-+Rs.6,14,667/- and for disallowance of the Cenvat Credit of Rs. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able to pay duty on HR Strips and duty on MS tubes and pipes of Rs. 11,50,792/- which were cleared by irregularly utilizing Cenvat Credit account. The adjudication took place. Cenvat Credit was denied and duty demand was confirmed. Aggrieved from the said order appellant filed the appeal before this Tribunal and this Tribunal vide Final order No.413-414/2005-C dated 08.04.2005 remanded matte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntitled for abatement for the period of closure of their factory to Rs. 2,52,600/-. Therefore, the total duty payable by them was Rs. 6,67,400/- and the Cenvat Credit utilized for clearance of MS Tube was Rs. 6,31,036/- making a total demand of Rs. 12,98,426/- but in direction of the order of this Tribunal the appellant were entitled to take deemed credit of Rs. 7,09,817/- and they have paid a dut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (280) ELT 186 (Guj). 4. On the other hand, Ld. AR reiterated the findings of the impugned orders. 5. Heard the parties. Considered the submission. 6. The short issue before us is that whether in the facts and circumstances of the case demand of interest and imposition of penalty by the lower authorities are sustainable or not. In fact, for the period where duty is demanded the appellant were r ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
