TMI Blog2015 (11) TMI 451X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court in the case of Chandra Laxmi Tempered Glass Pvt. Limited [2008 (7) TMI 257 - HIMACHAL PRADESH HIGH COURT]. - tribunal followed the decision of the Hon'ble High Court and therefore, the decision of Single Member Bench of the Tribunal was not considered. In view of that, we do not find any reason for rectification or modification of the stay order. - Period for making compliance is extended - Decided partly in favour of assessee. - Application No.: E/ROM/10616/2015 In Appeal No. : E/10679/2015 - ORDER No. M/11052/2015 - Dated:- 16-7-2015 - Mr. P.K. Das, Member (Judicial) And Mr. P.M. Saleem, Member (Technical) For the Petitioner : Shri S. Suriyanarayanan, Advocate For the Respondent : Shri Alok Srivastava, Authorised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , there is no reason for modification of stay order. He further submits that there is demand of CENVAT credit of ₹ 1,60,93,316/- alongwith interest and penalty of equal amount of duty and out of that, the Tribunal directed the applicant to pre-deposit ₹ 12 Lakh, which would be about 7.5% of the duty, is mandatory pre-deposit under the provisions of Section 35F of the Central Excise Act, 1944, as amended. 4. After hearing both the sides and on perusal of the records, we reproduce the relevant portion of the Stay Order dated 15.06.2015, as under:- 9. He has also relied upon the decision of the Honble Himachal Pradesh in the case of CCE Vs Chandra Laxmi Tempered Glass Pvt. Ltd - 2009 (234) ELT 245 (H.P.). In that case, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount of duty along with interest and penalty would be waived till the disposal of the appeal. Compliance to be reported on 16.07.2015. The COD application filed by the Applicant is allowed. 5. The adjudicating authority disallowed CENVAT credit and confirmed the demand of ₹ 1.60 Crores alongwith interest and penalty, on the ground that the appellant had availed cenvat credit on the strength of invoices of the service providers, bearing hand written serial numbers. Both sides placed case laws in their favour. After hearing both the sides, the Tribunal followed the decision of the Hon'ble Himachal Pradesh High Court in the case of Chandra Laxmi Tempered Glass Pvt. Limited (supra). The contention of the learned Advocate that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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