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TMI Blog2013 (10) TMI 1190X X X X Extracts X X X X X X X X Extracts X X X X ..... BORTY, A.R.(ASSTT. COMMR.) ORDER Per Dr. D. M. Misra; This is an Application seeking wavier of predeposit of CENVAT Credit of Rs.70.50 lakh and equal amount of penalty imposed under Rule 15 of the CENVAT Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. 2. At the outset, ld. Advocate for the Applicant has submitted that the Applicant had availed CENVAT Credit on three ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 213(Kar.). 3. Ld. AR for the Revenue has submitted that the judgments cited by the ld. Advocate relate to the definition of capital goods under Rule 57Q of the erstwhile Central Excise Rules, 1944. It is his submission that the definition of capital goods has undergone change in the present case under CENVAT Credit Rules, 2002/2004. Therefore, those judgments cannot be strictly applicable to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ile Central Excise Rules, 1944. In these circumstances, we are of the opinion that the Applicant could not able to make out a prima facie case for total waiver of the predeposit of the dues adjudged. Accordingly, we direct the Applicant to make a predeposit of 25% of the CENVAT Credit within a period of eight weeks from today and report compliance on 27.09.2013. On deposit, the balance dues adjudg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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