Case Law Details
Brief Facts of the Case
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 pre-deposit and stay of recovery pending disposal of the Appeal. The assessee filed an Appeal aggrieved and dissatisfied with the order passed 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 Rules, 2004.
The substantial questions of law is whether in the facts and circumstances of the present case and in law was the Tribunal justified in passing a detailed order at the stage of considering a stay application filed by the assessee and virtually concluding the issue.
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Contentions of the Assessee
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