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TMI Blog2013 (10) TMI 663X X X X Extracts X X X X X X X X Extracts X X X X ..... alculated by adopting any method - when two interpretation of statutory provision are equally possible, the interpretation which is beneficial to the Assessee which should be adopted - Prima facie during period prior to 27.02.10 also, straight line method must be adopted - The appellant therefore have strong prima facie case in their favour - The requirement of pre-deposit of Cenvat Credit demand, interest and penalty waived for hearing of the appeal and recovery stayed - stay granted. - Appeal No. E/56670/2013-EX[SM] - STAY. ORDER NO: 58887/2013 - Dated:- 16-8-2013 - Mr. Rakesh Kumar, J. For the Appellant : Sh. Alok Kothari, Advocate For the Respondent : Sh. A.K. Jain, AR ORDER Per Rakesh Kumar:- The appellant are m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pecifically provided that the calculation should be by straight line method, during the period prior to 27.02.10, the calculation of the depreciation must be by written down method . If the amount to be paid is calculated by reducing the Cenvat Credit originally taken @ 2.5% per quarter by written down method, the quantum of reduction would be lower and the amount payable would be higher. On this basis, the Department issued a Show Cause Notice dt. 10.12.12 for recovery of Cenvat Credit of Rs. 3,13,336/- along with interest and imposition of penalty. The Show Cause Notice was adjudicated by Assistant Commissioner vide order-in-original dt. 19.09.11 by which the above demand was confirmed along with interest and penalty of equal amount was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re during period prior to 27.02.10 depreciation must be calculated by written down method. He, therefore, pleaded that this is not a case for total waiver from requirement of pre deposit. 5. I have considered the submissions from both the sides and perused the records. There is no dispute that during the period of dispute i.e. prior to 27.02.10 and during the period with effect from 27.02.10, the rate of depreciation by which the Cenvat Credit originally taken was to be reduced was 2.5% each quarter or part thereof. But during the period prior to 27.02.10, method of calculation of depreciation, whether straight line method or by written down method was not prescribed and the straight line method was prescribed only by amending Notificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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