2009 (8) TMI 975

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....Appellant. Ms. Indira Sisupal, JDR, for the Respondent. ORDER We have heard both sides on the application for waiver of predeposit of duty of Rs. 59,90,246/- + Rs. 20,80,628/- together with interest at appropriate rate on the total amount of Rs. 1,05,81,945/- and penalty of Rs. 6 lakhs + Rs. 1 lakh. 2. The demand arises as a result of default in payment of duty for the months of Nov., ....

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....elied upon sub-rule (4) of Rule 3 of Cenvat Credit Rules, 2004 providing inter alia that Cenvat credit may be utilized for payment of duty of excise on any final product provided that while paying the duty, the Cenvat credit shall be utilized only to the extent of such credit is available on the last day of the month or quarter as the case may be; 4. According to the applicants, there is no pro....