2015 (10) TMI 1978

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....Adv For the Respondent : Shri Chowdhury, Supdt. (AR)   ORDER Per D M Misra This is an application seeking waiver of predeposit of cenvat credit of Rs. 62.27 lakhs and equal amount of penalty imposed under Rule 15 (2) of the Cenvat Credit Rules, 2004 read with Section 11AC of Central Excise Act, 1944. 2. At the outset, the ld. Sr. Advocate Dr. Samir Chakravarty appearing for ....

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....ce of removal" in the said definition. It has been observed that the place of removal is the factory gate and not the load Port. He submits that the said issue is no more res-integra in view of the Larger Bench decision of this Tribunal in the case of Honest Bio-vet Pvt. Ltd. Vs. Commissioner of Central Excise, Ahmedabad I: 2014 (310) ELT 526 (Tri.-LB). It is his contention that irrespective of wh....

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....ed the record. Prima-facie, we find that the dispute rests on the interpretation of the expression "place of removal", which is covered by the decision of the Larger Bench of this Tribunal in the case of Honest Bio-vet Pvt. Ltd. (supra). While deciding the case in the context of eligibility of remission from duty liability on destruction of the goods in port area, the Tribunal has observed at Para....

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....he account of appellant assessee and that the said goods could be considered having been destroyed before removal and the benefit of Remission of duty is allowable in such an exceptional situation in terms of Rule 21 of Central Excise Rules, 2002. Clause (iii) in Section 4(3)(C) for "Place of removal" was inserted w.e.f. 14-5-2003 vide Section 136 of the Finance Act, 2003 which has stipulated as u....