2015 (3) TMI 340

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er: Ashok Jindal: The applicant is seeking waiver of pre-deposit of duty, interest and penalties imposed against each of them in the impugned order. 2. Brief facts of the case are that the applicants are 100% EOU and procuring the inputs indigenously without payment of duty by claiming the benefit of Notification No. 23/2003-CE and 52/2003 Cus both dated 31.03.2003. The applicants cleared ce....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... (281) ELT 569 (Tri-Bang) which dealt with this issue. He also submits that as the demands pertains to the period June 2008 to March 2012 and a show-cause notice came to be issued on 2 nd July 2013 by invoking extended period of limitation which is not sustainable as they were filing their monthly returns regularly and showing their clearance by utilizing CENVAT Credit account. Lastly, the learned....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....fore they have suppressed the facts hence extended period of limitation is correctly invoked. 5.1 With regard to the financial hardship the learned A.R. submits that the Tribunal should not consider the plea of the learned Advocate at this stage as the Revenue will not be able to recovery any amount from the applicant. Further he submits that it is not a case of revenue neutrality. In fact, if ....