2008 (8) TMI 729

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...., for the Appellant. Smt. Joy Kumari Chander, JCDR, for the Respondent. [Order per : S.L. Peeran, Member (J) (Oral)]. -  The appellants are required to pre-deposit duty of Rs. 2,40,75,746/- and Rs. 28,700/- besides penalty of Rs. 2,41,04,446/-. The appellants have been denied the Cenvat credit and have been alleged to have irregularly availed the same during the period 1-4-2004 to 31....

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.... to manufacture and hence, their taking credit was considered as irregular. The assessee's main contention is that these activities are essential for the purpose of bringing the goods into existence and it changes the character of the goods and in terms of Note 6 to Section XVI, any processes which brings into existence the characteristics of final goods are to be considered as a process of manufa....

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....rocess of manufacture and these facts were known to the department. The learned JCDR submits that the amounts are very huge and the order is a legal and proper order and as they are not pleading financial hardship, they should be put to terms. 3. We have carefully considered the submissions. The question that arises for consideration is as to whether the processes carried out by the assess....

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....findings, we are of the considered opinion that the appellants have made out a strong case in their favour. The plea of time bar is also in their favour, as the Show Cause Notice has been issued belatedly and all the facts were known to the Department for the purpose of issue of Show Cause Notice. As the facts were within the knowledge of the department, the plea of time bar is also in assessee's ....