2012 (7) TMI 878

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....ti Patil, Advocate, for the Appellant. Shri Sumit Kumar, DR, for the Respondent. ORDER This is an application seeking waiver of condition of pre-deposit of the duty demand of Rs. 10,51,06,739/- with interest and equal amount of penalty as a pre-condition of hearing of appeal. 2. Briefly put the facts relevant for the disposal of this application are that the appellant is in the bu....

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.... not amount to manufacture, no excise duty was payable on the printed wrappers cleared by the appellant to their contract manufacturing units and, as such, there was no occasion for availing of Cenvat credit. On this basis, the Cenvat credit availed in respect of BOPP film, polyester film and other inputs used in making printed laminated sheets was sought to be recovered along with the interest by....

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....ellant has strong prima facie case and urges us to waive the condition of pre-deposit. 5. Learned Shri Sumit Kumar, DR for the Revenue, on the contrary has opposed the stay application, pleading that the Commissioner was justified in disallowing the Cenvat credit availed by the appellant. 6. We have considered the rival contentions. It is not disputed that the goods in question wer....