2013 (11) TMI 1624

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..... erly SPS Steel & Power Ltd.) & M/s. SPS Steels Rolling Mills Ltd. filed these applications for waiver of pre-deposit of duty of ₹ 44,22,297/-, ₹ 3,60,74,398/- and ₹ 17,08,934/- respectively and equal amount of penalty imposed on them. The impugned Order-in-Original dated 21/3/2011 is passed in pursuance to remand order dated 24/5/2010 of this Tribunal. 3. Contention of the Ld. Advocate appearing for the applicants is that adjudicating commissioner in respect of clearance of their goods to their inter-connected undertakings (who used the said goods for manufacture of final goods) determined value of the goods under Rule 8 and proviso to Rule 9 of the Central Excise Valuation Rules, 2000 taking recourse to costing method wh .....

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..... bai). The Ld. Spl. Counsel stated that it is the finding of the adjudicating commissioner that during the relevant period, there was no sale by them to the independent buyers. He submitted that the Ld. Commissioner has substantially dropped the demand and confirmed the duty demand of about ₹ 4.22 Crores (Approx.) out of original demand confirmed to the extent of ₹ 12.00 Crores (approx.) Only for the period where the applicant couldnot produce evidence of independent sale. It is the contention that as no appeal has been filed by the applicant/appellants against the Tribunal's remand order dated 23/11/2007 and dt. 24/05/2010 respectively, the said orders have attained finality, hence the Applicants cannot be permitted to make out .....

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..... are not able to make out a case for total waiver of the dues adjudged. Therefore, considering the financial hardship expressed by the applicants and keeping in view the interest of Revenue and also adhering to the principle of law settled by the Hon'ble Apex Court and various High Courts relating to disposal of application under Section 35F of the Central Excise Act, 1944, we direct the applicant to deposit 25% (Twenty Five Per Cent) of dues adjudged against each of the appeal within eight weeks from today and report compliance on 29/01/2014. After compliance is made, all remaining dues adjudged would stand waived and its recovery stayed during the pendency of the appeal. S.P. disposed off. (Operative part of the order already pronounced .....

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