2011 (8) TMI 984

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....or the Respondent. ORDER This application filed by the appellant seeks waiver of pre-deposit and stay of recovery in respect of duty of Rs. 4,93,408/- and equal amount of penalty. Of the said duty, one part (Rs. 3,23,643/-) is a demand for the period from November 2008 to May 2009 and the rest (Rs. 1,69,765/-) is a demand for subsequent period. The first part of the demand arose out of total....

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....nd of duty of Rs. 1,69,765/-. The appeal and stay application are directed mainly against these penalties. 2. After hearing both sides and considering their submissions, I have not found prima facie case for the appellant/applicant against either of the penalties. During the period from November 2008 to May 2009, they had not paid any amount of duty as per the Rules, but, in their returns, they....

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....mposed on the assessee for irregular utilization of CENVAT credit after May 2009 is under Rule 15(2) of CENVAT Credit Rules, 2004. The Rule provides for mandatory penalty under Section 11AC of the Central Excise Act where CENVAT credit has been taken or utilized with intent to evade payment of duty. Prima facie, CENVAT credit of Rs. 1,69,765/- was utilized in violation of Rule 8(3A) of the Central....