TaxTMI 
TaxTMI 
2014 (12) TMI 366
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.... credit availed raw material. They also searched the factory premises in course of which production slips for the period from 21/11/08 to 14/12/08 containing details of daily production were recovered. The scrutiny of the production slips, which were unsigned, revealed production of 493.805 M.T. of M.S. Ingots during the period from 02/11/08 to 14/12/08. Out of 493.805 M.T. of MS Ingots whose production was recorded in the production slips, the production of 294.029 M.T. pertained to November 2008 and the production of 199.776 M.T. of M.S. Ingots pertained to first fortnight of December 2008. This production was in accordance with the power consumption norm of 500 units to 1000 units per M.T., as during November 2008 power consumption was 2....
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....dditional Commissioner vide order-in-original dated 25/01/11 by which the above-mentioned Cenvat credit demand was confirmed against the appellant alongwith interest and beside this, penalty of equal amount was imposed on them. On appeal being filed to Commissioner (Appeals), against this order, the same was rejected vide order-in-appeal dated 20th December 2013. 1.2 Against this order of the Commissioner (Appeals), this appeal has been filed alongwith stay application. The appellant during the course of investigation have paid an amount of Rs. 4,18,357/-. 2. Heard both the sides in respect of stay application. 3. Shri Bipin Garg, Advocate, the learned Counsel for the appellant, pleaded that bulk of the duty demand of Rs. 14,69,382/- is ....
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.... pre-deposit of the balance amount of duty/Cenvat credit demand, interest thereon and penalty may be waived for hearing of the appeal and recovery thereof may be stayed till the disposal of the appeal. 4. Shri Pramod Kumar, the learned Jt. CDR, opposed the stay application by reiterating the findings of the Commissioner (Appeals) and emphasized that bulk of the duty demand is on 443.885 M.T. of MS Ingots whose production had not been accounted for by the appellant and which has been cleared without payment of duty, that this production of MS Ingots pertains to November 2008 and first fortnight of December 2008 and had been recorded in the production slips recovered from the factory, that on comparing this production with the power consumpt....