1. - Heard finally with the consent of lea, ned counsel for the parties.

2. Since facts and question of law involved in these appeals are common, as agreed by the learned counsel for the parties, we intend to dispose off these appeals by common order.

3. These Excise Appeals are directed against interim order passed by the Custom, Excise & Service Tax Appellate Tribunal, New Delhi, whereby, while disposing off the application to deposit pre-deposit amount/stay application, the Tribunal has directed the appellants to deposit 250%o of duty demand and stayed/waived the recovery of remaining amount of duty as well as penalty, during pendency of the appeals before the Tribunal.

4. For convenience, we are giving the facts of D.B. Excise Appeal No. 39/2012-M/s Savitri Concast Ltd. v. . Commissioner of Central Excise, Jaipur-1, Jaipur & Anr.

5. This appeal is directed against the impugned order of Custom, Excise & Service Tax Appellate Tribunal, New Delhi, dated 23.10.2012, whereby stay application filed by appellant, has been disposed off and appellant has been directed to deposit 25% of duty demand during pendency of the appeal and remaining amount of duty as well as amount of penalty, has been stayed till disposal of the appeal.

6. Appellant- M/s. Savitri Concast Ltd. is manufacturer of M.S. Ingots chargeable to Central Excise duty under heading 72.06 of the Tariff. Shri Harish Aggarwal is the Director of the appellant-Company. the appellant-Company, among others, supplied the M.S. Ingots to a rolling mill M/S Shree Sharma Steel Rolling Mills Pvt. Ltd., Jaipur (hereinafter referred to as 'M/S SSSRM'). M/s SSSRM manufacture bars/rods (saria) chargeable to Central Excise duty. The Jurisdictional Central Excise Officers on receipt of intelligence about the duty evasion by M/S. SSSRM, visited their unit on 10.09.2005. During the course of search of the factory, certain loose papers containing details of the despatches of the bars/rods and receipt of M.S. Ingots from various manufacturers of ingots were recovered, which were resumed by the officers. From those records, it was found that the appellant-Company had also supplied M.S. Ingots to M/S SSSRM. On the basis of these papers, the officers prepared a chart regarding receipt of M.S. Ingots by M/S SSSRM from the appellant-Company during the period from July, 2005 to September, 2005 and on comparison of these receipts with the invoices issued by the appellant-Company to M/S SSSRM during the same period, it appeared that during this period, while total quantity of Ingots supplied by the appellant Company to SSSRM was 1181.07 M.T., the invoices had been issued only for quantity of 726.76 M.T. and as such no invoices had been issued for quantity of 461.31 M.T. On scrutiny of the private ledger account of M/S SSSRM of the private ledger account of M/S SSSRM for the period from April, 2005 to June, 2005, it was found that during this period, they had received M.S. Ingots worth Rs. 5,25,33,509/- from the appellant-Company and in respect of these receipts, there were no invoices issued by the appellant-Company. Thus, it appears that this quantity of ingots had also been supplied by the appellant-Company to M/S SSSRM without payment of duty.

7. On the basis of above investigation, a show cause notice was issued to the appellant-Company and its Director for recovery of alleged short paid duty and for imposition of penalty.

8. The above show cause notice was adjudicated by the Commissioner, Central Excise, Jaipur, vide order dated 06.01.2009, whereby he confirmed the duty demand of As. 5,37,28,971/-, against the appellant under proviso to Section 11A(1) of Central Excise Act, 1944 along with interest on this duty under Section 11AB, also imposed a penalty of equal amount on the appellant-Company under Section 11 AC and penalty of Rs. 25,00,000/- was also imposed on Shri Harish Aggarwal, Director of the appellant-Company.

9. Being aggrieved with the above order of Commissioner, Central Excise,