2014 (4) TMI 182

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.... ORDER Per Mrs. Archana Wadhwa: The prayer in the application is to dispense with the condition of pre-deposit of duty of Rs.7803,866/- and penalty of identical amount.. 2. After hearing both the sides, we find that the appellant was availing cenvat credit of duty paid on the raw materials procured from 100% EOU. In terms of Rule 3(7) (a), the credit is required to be taken in terms of sp....

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.... of penalty. 3. As regards the merits of the case we prima facie do not agree with the appellant that the education cess and higher education cess is to form part of countervailing CVD, the same has been the subject matter of various decisions and in the case of Jindal Drugs it was held that same would not form part of the excise duty. 4. The appellants have also challenged the impugned duty....

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.... fact of wrong credit could only be detected by audit on scrutiny of input invoices with cenvat credit account. Hon'ble Supreme Court in the case of C.C.E. vs. Mehta & Compan 2011 (264) ELT 481 has held that for the purpose of computation of relevant date for invoking extended period cause of action is date of knowledge. Accordingly, Hon'ble Apex Court has held that limitation of five year is to b....