2013 (8) TMI 312 - AT - Central Excise

Waiver of pre-deposit Period of limitation Held that - Credit was availed for the year 2004 and the show cause notice was issued in 2010, i.e. after five years - the applicant, has a strong case on the ground of limitation Waiver of pre-deposit allowed Decided in favor of Assessee.

Summary

The Appellate Tribunal CESTAT AHMEDABAD allowed the application for waiver of pre-deposit of duty amounting to Rs.25,59,795/-, interest, and penalty. The demand was considered time-barred as the show cause notice was issued after five years from when the credit was availed in 2004. Recovery of the amounts involved was stayed during the appeal.