2014 (4) TMI 599

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....chana Wadhwa : The prayer in the application is to dispense with the condition of pre-deposit of duty of Rs.2,49,21,545/- and penalty of identical amount. 2. After hearing both the sides, we find that the said duty confirmation is by denying the benefit of Cenvat credit in respect of various iron and steel items used in the factory of the appellant. Whereas the Revenue has held that such use was....

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.... Tribunal were in favour of the assessee and the law came against them only by the subsequent decision of the Larger Bench in the case of Vandana Global. In as much as during the relevant period, even the Tribunals decisions were in favour of the assessee, the appellant cannot be attributed with any malafide intent or any suppression or misstatement with intent to evade payment of duty. Ld. advoc....