ADITYA CEMENT Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) HEARD the Advocate for the Appellant and DR for the Respondent. This application has been filed in the appeal arising from order dated 3rd March, 2010 passed by the Commissioner. By the impugned order, the Adjudicating Authority has ordered recovery of an amount of Rs. 66,72,148/ - along with interest and has also imposed penalty while denying the credit sought to be availed by the appellants.

(2.) THE appellant explains that a small percentage of the contract amounts awarded to different service providers for executing the expansion project of their plant was retained for settlement at the final stage of the contract after verification that all the terms and conditions of the contract has been fulfilled. Their case is that the tax amounts for which credit has been taken, have been paid by the service providers to the exchequer. They rely on Board Circular No. 8771/5/2008 -CX., dated 17 -1 -2008 (sic) to justify their claims that they are entitled to take credit of duty paid by the service providers. Considering the facts of case as above, we find that Revenue has not made out a case of revenue loss and Appellant has made out a case for waiver of pre -deposit. The stay petition is allowed.