2013 (8) TMI 2

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..... hi, A.R. ORDER Per : Mr. M.V. Ravindaran; This stay petition is filed for the waiver of pre-deposit of an amount of Rs. 10,33,370/- confirmed as duty, interest thereof and penalty of Rs. One lakh imposed. 2. Adjudicating authority as well as the first appellate authority has confirmed the demands on the ground that appellant has availed ineligible cenvat credit on the inputs and the capital go .....

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..... product, the definition of the capital goods covers the appellants case and credit, prima-facie, needs to be allowed. This our view also fortified by the judgment of the Honble High Court of Bombay in the case of Tata Engineering Locomotive Company Limited vs. CCE, Pune 2010 (256) ELT 56 (Bombay). As regards the demand of Rs. 49,956/- on the inputs which were consumed in the Research and Develop .....

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