2009 (6) TMI 793

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... [Order]. The appellants operate under Cenvat credit scheme and availed credit of inputs procured indigenously as well as through import. During February 2006, they exported some quantity of inputs under bond. The lower authorities held that Cenvated inputs could be removed as such only on payment in terms of Rule 3(5) of the Cenvat Credit Rules, 2004 (CCR) i.e. on reversal of an amount equa .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he case records and after considering the submissions made by both sides, I find that the appellants have made out a prima facie case against the impugned demand and penalty. Accordingly, it is ordered that there shall be waiver of pre-deposit and stay of recovery of the impugned demand and penalty pending decision in the appeal. (Order dictated and pronounced in open Court) - - TaxTMI - TMIT .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X