2013 (11) TMI 1175

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....sh Kumar:- 1.1 The appellant are manufacturers of sugar. They availed the Cenvat Credit of Central Excise Duty paid on inputs and capital goods and Service Tax paid on input services. The period of dispute in this case is from 2006-07 to 2010-11 and point of dispute is as to whether they would be eligible for Cenvat Credit of Service Tax paid on transit insurance premium in respect of insurance....

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....issioner (Appeals) vide order-in-appeal dt. 11.10.2012 reduced the quantum of Cenvat Credit demand to Rs.1,73,171/- and also penalty to the same amount. The balance demand for the period prior to the 01.04.2008 was dropped. Against this order of the Commissioner (Appeals) this appeal has been filed along with stay application. 2. Heard both the sides in respect of stay application. 3. Sh. R.....

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....uirement of pre-deposit may be waived for hearing of the appeal and the recovery of the Cenvat Credit, interest and penalty may be stayed till the disposal of the Appeal. 4. Sh. V. P. Batra, the ld. D.R. opposed the stay application, pleaded that transit insurance premium is not part of the assessable value. He also cited the Tribunal judgment in case of Lafarge India Pvt. Ltd. reported in 2012....