2013 (9) TMI 840

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..... fter melting them is used partly or wholly for different set of goods afresh - Held that:- forgings are not melted at all but only re-heated and re-forged. Further the learned Consultant submits that in forging industry, there is no process involved as re-melting. As submitted by the learned Consultant, the Rule 16 provides as to how to take credit and Rule 16(2) envisages that if the process to w .....

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..... nding Cenvat credit of Rs. 2,24,154/- taken by the appellant on steel forgings sold by the appellants to their customers and received by them for re-process. The Cenvat credit has been demanded on the ground that facility for dealing with goods requiring minor or more repair, reconditioning etc. and not for recycling their material, in which process they lose their identity in a manner that the ma .....

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..... has to be reversed. The learned Consultant submits that it is not the case herein that the appellant has not reversed the Cenvat credit taken. In view of this, I find that the appellant has made out prima facie case in their favour for waiver of pre-deposit and grant of stay. Accordingly, the requirement of pre-deposit of the amount involved is waived and stay of recovery is granted during the pe .....

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