Customs, Excise and Gold Tribunal - Mumbai
M/S. Mercury Laboratories Pvt. Ltd vs Commissioner Of Central Excise & ... on 18 May, 2001
Equivalent citations: 2001(137)ELT963(TRI-MUMBAI)
ORDER
GN Srinivasan, Member(J)
1. his is an application for waiver of payment of duty of Rs. 20,000/- and the penalty of Rs. 10,000/-. The issue involved is whether declaration under Rule 57G is mandatory to be filed or not before utilisation of the credit of the input. The case of the appellant is even though credit is available, he has no utilised for the past two years. He therefore states that he has strong case, he trice show the decision of the Collector (Appeals) in the case of IN RE: SRI SARADHA MILLS [2000(115) ELT 879 (Commr.Appl.)] I am of the view that I do not take cognizance of such decision even though it may be reported in [2000 (115) ELT 879]. If this is allowed some of the decision of even Assistant Commissioner's will be cited before me. However, I have to state that it is admitted fact that the assessees had paid Rs. 10,000/- out of the demand of duty of Rs. 20,000/-. Hence I waive the predeposit of remaining sum of the duty and penalty and stay the recovery thereof during the pendency of the appeal.
(Pronounced in Court)