2013 (12) TMI 334 - AT - Central Excise

Cenvat credit of CVD - Goods imported which were originally exported Waiver of Pre-deposit Held that - The provisions of Notification No.94/96-Cus. as to his role will indicate that the appellant is required to discharge the CVD at the time of importation of the goods - the amount which has been paid as the CVD by the assessee, is eligible to be availed as cenvat credit by the appellant - Prima facie, the assessee has made out a case in their favour Pre-deposits waived till the disposal stay granted.

Summary

The Appellate Tribunal CESTAT Ahmedabad granted waiver of pre-deposit for ineligible cenvat credit of Rs.1,21,276/-, interest, and penalty. The issue was regarding cenvat credit of CVD paid on imported goods originally exported. The appellant discharged the CVD on the imported goods, making the amount eligible for cenvat credit. Waiver of pre-deposit allowed, and recovery stayed pending appeal.