2014 (1) TMI 1006

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....P. G. Chacko; The application filed by the assessee-appellant seeks waiver and stay in respect of duty of Rs. 3,00,00,000/- (rupees three crores only) demanded from them for the period from April 2003 to May 2006 as also in respect of equal amount of penalty imposed on them besides another penalty of Rs. 25,00,000/- (rupees twenty five lakhs only). The application filed by the Managing Director o....

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.... cited from both sides. We do not embark on taking any prima facie view on excisability. We proceed on the premise that the aforesaid items are excisable and the appellant ought to have paid duty of excise thereon during the period of dispute. At this juncture, we shall consider the plea of limitation raised by the learned counsel for the appellants. He submits that this plea was raised in reply t....

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....dmissible abatement. The learned counsel, in answer to a query from the Bench, submits that, in the worst situation the appellant should pay duty only for the last three months of the period of dispute, which would amount to Rs. 15.56 lakhs, which can be predeposited if necessary. 3. After considering the submissions of the learned Addl. Commissioner (A.R.), we are of the view that the plea of li....