CEAT LIMITED Vs. THE COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) This Appeal by the assessee challenges the order passed on 12th June, 2014, by which the Customs, Excise and Service Tax Appellate Tribunal (West) Zonal Customs Branch at Mumbai dealt with an application seeking dispensation of the condition of predeposit and stay of recovery pending disposal of the Appeal.

(2.) The Appellant assessee before us filed an Appeal aggrieved and dissatisfied with the order passed on 1st November, 2013, by the Commissioner of Central Excise Mumbai-III Commissionerate (Adjudication order). The Adjudicating Authority confirmed a duty demand of Rs.6,59,36,795/- against the appellant assessee along with interest thereon being the ineligible cenvat credit availed by the appellate assessee during April/May 2007. A penalty of Rs.50,00,000/- had also been imposed under Rule 15 of the Cenvat Credit Rule, 2004.

(3.) Upon perusal of the order passed by the Tribunal, we are of the view that this Appeal raises substantial question of law. It is, therefore, admitted on the following substantial questions of law: