2013 (12) TMI 1084

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t. (A.R.) ORDER Per Dr. D. M. Misra : This is an application for waiver of pre-deposit of duty of Rs.12.39 Crores and equal amount of penalty imposed under Section 11AC of the Central Excise Act, 1944. 2. The ld. Advocate, Dr. Samir Chakraborty, appearing for the applicant, has submitted that the applicants are engaged in the manufacture of Ingot, Concast, Billet, TMT Bar, Angle, Chann....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tion sheet whereby an amount of 3,65,34,263.79 claimed to have been included in the total demand erroneously. 3. The ld. A.R. for the Department has submitted that since the sale price to independent buyers was available, hence, in view of the Larger Bench judgement of the Tribunal in the case of Ispat Industries Ltd. VS. Commr. of Central Excise, Raigad: 2007 (209) ELT 185 (Tri.-LB), the asses....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....and applied to the clearances made by the applicants to their sister units. Also, we find merit in the arguments of the ld. Advocate for the applicant that an amount of Rs.3.65 Crores had been erroneously included in the demand and the ld. A.R. for the Department could not produce any contrary material to the said claim. In these circumstances, we direct the applicant to deposit Rs.2.00 Crores (Ru....