SUNPACK Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) AFTER hearing both sides, I dismiss the stay application and take up the main appeal for final disposal with the consent of both sides.

(2.) THE subject application has been filed by M/s. Sunpack, Pondicherry to waive predeposit to hear its appeal against the order of the Commissioner (Appeals) dated 12.3.2007. In the impugned order, on appeal filed by the Department, the Commissioner had confirmed a demand of Rs. 3,89,970/ - being the excess credit compared to the credit corresponding to the inputs transferred by the appellants in their Cenvat Credit account when the factory was shifted to a new premises on 1.4.2004. In the order of the original authority, the Joint Commissioner had dropped the proposals to recover the said credit on the ground that the assessee had satisfactorily accounted for the credit as well as the inputs and capital goods received by them and transferred to the new premises. The original authority had found that the assessee had fulfilled the conditions stipulated under Rules 8(1) and (2) of Cenvat Credit Rules, 2002.

(3.) LD . SDR reiterates the findings contained in the impugned order.