2012 (12) TMI 506

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....ard both sides. 2. The applicant filed this application for waiver of pre-deposit of duty of Rs.2,74,349/-, interest and penalty. The demand is confirmed after denying the cenvat credit. 3. The brief facts of the case are that the applicant purchased certain quantity of duty paid grey fabrics and sent to M/s. Natraj Processors for processing. M/s. Natraj Processors availed credit in respect ....

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....howing payment of duty, therefore credit cannot be denied to the applicant, particularly now when M/s. Natraj Processors has paid duty subsequently in pursuance to the demand raised by the Revenue, hence the demand is not sustainable. The applicant relied upon the decision of the Tribunal in the case of R.S. Industries vs. CCE, New Delhi-I reported in 2003 (153) ELT 114 (Tri.-Del.). 5. The Reve....

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....redit and utilized in the year 2004. Subsequently, a show cause notice was issued to M/s. Natraj Processors and M/s. Natraj Processors paid duty in the year 2007. From the facts, it is clear that at the time of taking credit, no duty has been paid in respect of the goods received by the applicant, which was paid subsequently after three years. 7. The applicant relied upon the decision of the Tr....