2013 (12) TMI 1336 - AT - Central Excise

Waiver of pre-deposit - Reversal of cenvat credit availed - Held that - appellant has paid approximately Rs. 82 lakhs as duty on the final products clear from their factory premises. This has not been denied by the adjudicating authority. If that be so, in our considered view, the discharge of duty liability by the main appellant-company would amount to reversal of cenvat credit, if any, as held by the adjudicating authority being ineligible to the appellant. Prima facie, we are convinced that the appellant has made out a case for the waiver of the pre-deposit of the amounts involved. Accordingly, the applications for waiver of pre-deposit of the balance amounts involved are allowed and recovery thereof stayed till the disposal of appeals - Stay granted.

Summary

The Appellate Tribunal CESTAT AHMEDABAD allowed the waiver of pre-deposit for confirmed amounts related to cenvat credit reversal. The appellant's duty payment on final products was considered as reversal of cenvat credit. Recovery of balance amounts stayed till appeal disposal.