GOKAK MILLS LIMITED Vs. COMMISSIONER OF CENTRAL

JUDGEMENT

(1.) THE appellant is seeking for waiver of Rs. 48,99,321/ -. The Revenue has proceeded to deny the cenvat credit to the appellants and directed them to pay an amount equal to duty paid by an EOU unit, also owned by them and situated in an adjacent premises, as they had diverted electricity to the said unit under Notification No. 22/2003 CX and No. 52/2003 Cus. both dated 31.3.2003.

(2.) THE learned Counsel submits that this very issue came up for consideration in their own case and this Bench by Final Order No. 1741/2006 dated 11.10.2006 has decided the case in their favour. He submits that as the issue is covered, the stay application and appeal could be allowed.

(3.) HEARD learned JDR, who reiterated the departmental view.