2012 (6) TMI 857

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....th the consent of the learned counsel on either side, the writ petition itself is taken up for final disposal. 2. Petitioner is engaged in the business of purchase and sale of two wheeled/three wheeled and four wheeled vehicles manufactured by various manufacturers. It is also engaged in the sale of tractors, consumer articles, petroleum products, electrical and electronic goods. Petitioner ....

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....; 21,75,288/- even prior to the payment of the amount to the transporters and that the computation of Cenvat credit in respect of an amount of ₹ 3,58,134/- availed by the petitioner during the period 1-4-2006 to 30-9-2009 was erroneous end incorrect. The show cause notice also proposes to initiate penal proceedings under the provisions of the Act. Petitioner sent its objections to the above ....

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.... 3(1) of Finance Act, 1994 and Section 38A of Central Excise Act, 1944 and an amount of ₹ 12,66,711/- being 50% of penalty imposed under Section 78 of the Finance Act 1994 and Section 38A of Central Excise Act, 1944 on or before 30-3-2012 and report compliance to this office on or before 4-4-2012. It may be noted that failure to deposit the amount shall make their appeal liable for rejection....

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....ed counsel for the petitioner and submits that the impugned order is a discretionary order and the 2nd respondent has correctly exercised the discretion. He has also filed a counter to that effect. Further, it is also stated that the petitioner has violated various provisions of Act and therefore, the order passed by the respondents is in accordance with law and the same should be confirmed. 5.&e....