2012 (9) TMI 106

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and the said rule is silent about the reversal of CENVAT Credit taken of Central Excise duty paid on capital goods as well as on the Service Tax paid on the input services - the appellant has made out a prima facie case for waiver of pre-deposit of balance amounts involved in this case - in favour of assessee. - E/21/2012 - Stay Order No. S/1718/2012-WZB/AHD - Dated:- 7-8-2012 - MR.M.V. RAVIN .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and reversed as the said amount was in respect of the CENVAT Credit availed of duty paid on inputs which are lying in stock as such or contained in the work in process or finished goods which are yet to be cleared from the factory premises. It is the submission that the balance amount of CENVAT Credit which is sought to be reversed by the adjudicating authority is in respect of the CENVAT Credit a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the said rule is silent about the reversal of CENVAT Credit taken of Central Excise duty paid on capital goods as well as on the Service Tax paid on the input services. 6. Prima facie, the provisions of Rule 11 cannot be invoked for reversal of the balance amount which the appellant has not reversed as it is undisputed that said credit is of Central Excise duty paid on capital goods and the S .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X