2010 (3) TMI 644

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....lant. Shri M.B. Bal, JDR, for the Respondent. [Order per : S.S. Kang, Vice-President]. - Heard both sides. The applicants filed this application for waiver of predeposit of duty and penalty. The Commissioner (Appeals) directed the appellants to deposit an amount of Rs. 10.00 lakh for hearing of the appeal. The appellants predeposited the amount by way of reversing the credit. The Commissioner (A....

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....upra) was in respect of refund of predeposit. Hence, the ratio of the decision is not applicable on the facts of the present case. The Hon'ble Allahabad High Court in the case of India Casting Co. (cited supra), held that the assessee is entitled to make predeposit by way of reversal from the Cenvat Account. The appellants had deposited the amount by reversing the credit as per the Stay Order pass....