2012 (5) TMI 268 - AT - Central Excise

Waiver of pre-deposit of duty Held that - waiver has been made out by the assessees as, sub-clause (iii) in condition No. 86 which is required to be fulfilled in the case of supply of goods required for setting up of mega power project was deleted from Notification No. 21/02-Cus. by Notification No. 49/06-Cus. dated 26-5-2006. We therefore waive pre-deposit and stay recovery of amounts in dispute pending the appeal.

Summary

The Appellate Tribunal CESTAT, Chennai heard an application for waiver of pre-deposit of duty of Rs. 2,07,038 demanded on MS angles. The assessees claimed exemption under Notification No. 6/06-C.E. for goods supplied against international competitive bidding. The Tribunal found a prima facie case for waiver as the relevant condition was deleted from the notification. Pre-deposit was waived, and recovery of disputed amounts was stayed pending appeal.