2008 (9) TMI 814

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.... Shri T. Tiju, JDR, for the Respondent. [Order]. - This stay application is directed against waiver of the pre-deposit of the amount of penalty imposed by the adjudicating authority and uphold by the ld. Commissioner (Appeals) in the impugned order. 2. Heard both sides and perused the records. 3. Since the issue involved in this case is in a narrow compass the pre-deposit o....

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....s well as oral submissions of the appellant made in their appeal memorandum and in course of personal hearing. It is seen that the issue as spelt out above is that the appellant has availed irregular Cenvat credit to the tune of Rs. 79,160/-. The appellant does not dispute duty involved & has since reversed the amount also. The dispute is for interest to be charged & penalty imposed. The appellant....

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....e ingredients required, to impose penalty under Section 11AC of CEA, 1944 is involved. Further, the show cause notice seeks to impose penalty on the appellant under the provisions of Section 11AC of the Central Excise 1944, without alleging fraud, collusion, willful suppression of fact with intent to evade duty. 7. To my mind, during the relevant period there were provisions in the Cenvat ....