2008 (12) TMI 217

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....e challenged the order passed by the Member (Central Excise) dated 24th November, 2008. By the impugned order, the facility of monthly payment of excise duty by M/s. Hiren Aluminium Limited (Unit-II), petitioners herein, as provided under Rule 8(1) of the Central Excise Rules, 2002, was ordered to be withdrawn and the petitioners were required to pay excise duty for each consignment at the time of....

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....stead the order is passed withholding the same for six months. The grievance projected by the petitioners is that hearing was given to them by the Chief Commissioner of Central Excise, Vadodara, but the impugned order is passed by the Member (Central Excise), Govt. of India. It is submitted that even though the proposal made by the Chief Commissioner of Central Excise, Vadodara, was for withholdin....

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....f CENVAT credit has been ordered for six months as against the proposal of the same for three months by the Chief Commissioner, learned counsel for the respondents submitted that without treating it as a precedent, as a exceptional case, the department has no objection if it is ordered that the petitioners should be heard by the Member (Central Excise), Govt. of India, New Delhi, in view of the pe....

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....-operate with the Member (Central Excise) and will not seek any adjournment in any manner and shall remain present on the relevant day with the full record of the case. However, the petitioners may be informed well in advance the date on which they are required to attend the office. 5. The petition is accordingly disposed of subject to the aforesaid directions. It is clarified that this order i....