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TMI Blog2008 (6) TMI 161X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Respondent. [Order per: S.L. Peeran, Member (J) (Oral)]. - ST/stay/85/2008: In this case, the appellant is required to pre-deposit only penalties of (a) Rs. 3,96,744/- imposed under Rule 15(4) of Cenvat Credit Rules and (b) Rs, 25,000/- imposed under Sections 76 and 77 of the Finance Act. The appellants had suo motu taken Cenvat credit of Rs. 3,96,744/- on the belief that the same can be ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... they are contesting the issue on merits and, therefore, they are not liable to pay penalties in this matter. He also pleads time bar in the matter. He submits that they filed the returns in 2004-2005 and availed the credit during that period while the Show Cause Notice was issued on 15-9-2006. 3. The learned SDR submits that there is a clear suppression of facts and they are not liable to take s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Failure to deposit will entail dismissal of the appeal. ST/stay/86/2008 5. In this stay application, there are penalties of Rs. 1,09,366/- and Rs.10,000/-. The issue is identical to the above noted matter. In this case, the same pleas have been taken by both sides. Therefore we direct the appellant to pre-deposit Rs. 25,000/- (Rupees twenty-five thousand only) within a period of two months. On ..... X X X X Extracts X X X X X X X X Extracts X X X X
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