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TMI Blog2009 (7) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... -EX In, in Appeal No. E/2704/2008-EX (DB) whereby the learned Tribunal declined to grant stay of the order dated 22.10.2008 (Annexure P/7) passed by the Commissioner, Central Excise, Raipur, except the pre-deposit amount of penalty was waived till the disposal of the appeal. 2. The facts, in nutshell, as projected by the petitioner are that the petitioner is engaged in manufacture of cement and clinker under Chapter 25 of Central Excise Tariff and the same is sold on payment of appropriate Central Excise duty. The Cenvat credit of duty of paid inputs used for such manufacture and for dutiable products of the petitioner company is governed under the provisions of Cenvat Credit Rules, 2004 (for short 'the Rules, 2004'). In order to expand th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redit. At the time of personal hearing it was also stated therein that the Commissioner (Appeals) Raipur, has allowed the appeal of the petitioner for the earlier period. Thereafter, on 22.10.2008 (Annexure P/7), the respondent No. 2 passed a detailed order in Original RPR/91/2008 by disallowing total Cenvat Credit amounting to Rs. 1,05,50,0960.00 wrongly availed on the impugned items and ordered for its recovery alongwith interest under Rule 14 of the Rules, 2004 read with section 11-A and 11-AB of the Act, 1944 and imposed a penalty of Rs. 1,05,50,096.00 under Rule 15 of the Act, 2004 read with Section 11-AC of the Act, 1944. Further, it was clarified in the order itself that the amount of penalty imposed will stand reduced to 25% if the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any manner, affect the case of the appellant while dealing with the matter on merits. Application, therefore, party succeeds. The pre-deposit of amount of penalty is waived till the disposal of the appeal. As regards the amount of duty and interest thereon, the appellant shall deposit the same within eight weeks from today." 6. Shri M. P. Devnath with Shri Raja Sharma, learned counsel appearing for the petitioner would submit that on 04.05.2009, the petitioner submitted before the learned Tribunal that the issue of eligibility of the Cenvat Credit on inputs has been referred to the larger Bench in the case of Vanadana Global Ltd. v. CCE {2008 (230) ELT 169}. Learned counsel would further submit that once the issue is referred to a larger ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit can be allowed in respect of goods like angles, joists, beam, channels, bars, flats which go into fabrication of such structures and plant?" 9. In the present case, stay was declined on the ground that the petitioner had suppressed material facts as the petitioner has not submitted details asto quantification of steel utilized as inputs for manufacture of the capital goods. Inspite of the clear finding by the adjudicating authority, the petitioner failed to disclose any details as regards the quantity of steel utilized for the purpose other than the manufacture of capital goods while admittedly, the steel purchased by the petitioner was not only used for the manufacture of the capital goods but also for other purposes. The purcha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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