2013 (12) TMI 1293 - AT - Central Excise

Reversal of Credit being 8% or 10% - Baggasse/press mud cleared from the factory - the inputs utilised in the manufacturing of sugar Waiver of Pre-deposit Held that - Following INDIAN POTASH LTD. Versus COMMISSIONER OF CENTRAL EXCISE, ALLAHABAD 2012 (12) TMI 347 - CESTAT, NEW DELHI which is decided in favour of assessee - the appellants have made out a case for the waiver of amounts Pre-deposits waived till the disposal Stay granted.

Summary

The Appellate Tribunal CESTAT Ahmedabad disposed of three stay petitions by a common order. The issue involved availing cenvat credit for manufacturing sugar and clearing by-products without duty payment. Lower authorities required reversal of 8% or 10% of the value of cleared by-products, but tribunal found merit in appellant's arguments based on previous decisions. Waiver of pre-deposit of amounts involved was allowed, and recovery stayed pending appeal disposal.