2003 (9) TMI 499

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... [Order (Oral)]. This stay application is filed by the applicants for the waiver of pre-deposit of duty amounting to Rs. 2,43,720/- and stay of the recovery proceedings. 2. The issue relates to Cenvat credit on capital goods. The Department has disallowed Cenvat credit on capital goods in terms of Rule 4(2)(a) of Cenvat Rules on the ground that party has not availed 50% of Cenvat withi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ance of the documents. He also relied upon the decision of the Tribunal in the case of Surya Prabha Mills Ltd. [2002 (149) E.L.T. 929 (Tri. - Chennai)] in support of his contention that no restriction in the time-limit fixed for taking the credit in respect of capital goods under rules pertaining to availment of Modvat credit, referring to the Circular referred to above. 4. Shri Narasimha Murthy .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X