2008 (4) TMI 548

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.... Application for waiver and stay has been filed which has come up for hearing. 2. Brief facts of the case so far as relevant for disposal of the stay matter are these; On 4-3-2003, on the request of appellant, order was issued for provisional assessment for the period 1-4-2003 to 31-3-2004. On 11-3-2005 the assessment was finalised. The appellant was found to have short-paid excise duty to the extent of Rs. 14,60,053/-. Appellant was also found to have excess paid excise duty to the extent of Rs. 3,54,467/-. After adjudicating the sum of Rs. 11,05,628/- already debited by the appellant vide RG 23A Part II entry dated 1-12-2004, an order was passed for recovery of Rs. 3,54,425/-. The Deputy Commissioner, further, observed that the asse....

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....hat amount of Rs. 6,26,782/- is liable to be recovered with interest under different provisions of Central Excise Act and Rules as mentioned at the outset of this order. 5. Two issues are involved in this appeal : One, whether assessment should have been made invoice-wise separately or for the entire period i.e. April, 2003 to April, 2004. Second, whether the outstanding dues in respect of short-paid duty can be adjusted against excess paid duty amount. For the purpose of stay, counsel of the appellant focused his argument on the second issue. 6. Rule 7 of the Central Excise Rules, 2002 provides that where the assessee is unable to determine the value of the excisable goods or the rate of duty applicable thereto, he may request ....