Customs, Excise and Gold Tribunal - Delhi
M/S. Vikram Cement vs Cce, Indore-I on 26 March, 2001
ORDER
G.R.Sharma
1. This is an application for dispensing with pre-deposit of duty amounting to Rs.1,26651/- and penalty of Rs.5,000/-. The applicant has made a request for adjournment of the case also.
2. I have heard Shri S.Kumar, Ld. DR who submits that the issue involved in this case is about admissibility of Modvat credit on explosives used for quarry of lime stone in mines situated away from cement factories. Ld. DR submits that the issue stands finally settled by the decision of the Larger Bench and therefore, there is no question of any adjournment and the stay application may be rejected.
3. I have hard Ld. DR. I have also perused the application of adjournment. I note that the issue of admissibility of Modvat credit on explosives used in mines away from the factory has been decided finally by the Larger Bench of this Tribunal. In the circumstances I do not find any reasonable ground to give adjournment. In the circumstances, I direct the applicant to deposit a sum of Rs.1,26,651/- towards duty on or before 8.5.2001. Pre-deposit of penalty is dispensed with.
4. Non-compliance of the above order shall lead to dismissal of appeal without further notice.
5. The matter should come up for reporting compliance on 18.5.2001.