2011 (2) TMI 806

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.... on the stay application. The prayer is for waiver of predeposit of demand of Rs. 3,43,563/- by disallowing the credit taken on trolleys treating them as inputs along with interest and equal amount as penalty. I waive predeposit of dues as per the impugned order and proceed to decide the appeal itself.  2. The appellants are manufacturers of Dump Trucks and are availing cenvat credit of dues....

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....Ld. Advocate submits that they have presumed that penalty of Rs. 3,43,563/- under Rule 15 of Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act stands by the Commissioner (A). He submits that they also contested the demand on time bar issue as they specifically replied stating that there was no suppression involved. 4. Ld. SDR, reiterates the findings and reasoning of the ....

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.... plastic crates denied the credit relating to trolleys. Ld. Advocate fairly submits that they have not made specific submissions before the Commissioner (A) on time bar as they were confident on the merits of the case. However, he contests the demand before the Tribunal not only on merits but also on time bar. I find that the Commissioner (A) has not dealt with the issues relating to the applicabi....