2014 (1) TMI 1009 - AT - Central Excise

Ineligible cenvat credit Demand on TMT Bars and Cement made Waiver of pre-deposit Held that - The photocopy of the Cenvat credit register and the letter issued by the appellant to the Superintendent of Central Excise, the entire amount of Cenvat credit involved in all these three stay petitions stands reversed Additional Commissioner (AR) is allowed and is directed to get the matters verified from the lower authorities as to the reversal of the amounts in the Cenvat register - the amounts reversed by the appellant as enough deposit to hear and dispose the applications for waiver of the pre-deposit Decided in favour of Assessee.

Summary

Issues: Stay petitions against orders confirming demand of liability of ineligible Cenvat credit on TMT Bars, cement used for construction of factory premises.

Analysis:
1. The appellant filed three stay petitions against orders confirming the demand of liability of ineligible Cenvat credit on items like TMT Bars and cement used for constructing the factory premises.

2. The appellant's counsel stated that they have already reversed the entire amount of Cenvat credit involved in all three petitions since the factory is now closed, and they are unable to deposit any further amount.

3. Upon reviewing the photocopy of the Cenvat credit register and a letter from the appellant to the Superintendent of Central Excise, it was confirmed that the entire Cenvat credit amount in question had been reversed. The Additional Commissioner (AR) requested verification from lower authorities, which was allowed, and a compliance report was due on a specified date.

4. Considering that the Cenvat credit amount had been reversed and pending verification by lower authorities, the Tribunal deemed the reversed amounts sufficient for hearing and disposing of applications for waiver of the remaining balance amounts and stayed the recovery until the appeals were resolved.