2007 (5) TMI 255

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....]. - The instant appeal has been filed by the revenue under Section 30G of the Central Excise Act, 1944 challenging  the order dated 15-6-2005 (Annexure A/3) passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi in E/Stay/1053/05 NB(S) in Appeal No. B/1443/05 NB (S). It has been claimed that the following substantial question of law have arisen from the afore-mentioned o....

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....tiny it was found that the assessee had purchased 100 MT of Silicon Coil Defective/Solico used Steel Scraps as inputs from M/s. BR Industries, New Delhi. The value of the transaction under Section 4 of the Central Excise Act, 1944 (for brevity 'the Act') as declared by the dealer was Rs. 5,00,000/- and at the rate of 16 per cent Central Excise Duty was leviable which was calculated at Rs. 80,000/-....

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.... recovery of Rs. 1,16,732.00 along with interest under Section 11AB and penalty of Rs. 20,000.00 under Rule 13 of the Cenvat Credit Rules. Along with an appeal filed by the assessee, an application for staying the recovery was also filed. The appeal of the assessee was dismissed by the Commissioner (Appeals) under Section 35 of the Act. Consequently the assessee approached the CESTAT. The CESTAT v....

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....ona fide purchaser of the goods. Therefore, the impugned order is set aside and the appeal of the appellants is allowed with consequential relief, if any as per law." 3. The revenue has challenged the afore-mentioned order on the ground that the Tribunal should have decided the Stay application alone by dispensing with the requirement of pre-deposit and it should have remanded the matter back t....