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2013 (12) TMI 281

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..... This Stay Petition is filed for waiver of pre-deposit of an amount confirmed as payable by the appellant as an amount of 8%/10% of the value of the exempted goods cleared from the factory premises, after utilizing common inputs services on which CENVAT Credit of Service Tax liability paid has been taken. 2. Ld. Chartered Accountant submits that the appellant has reversed the proportionate CENVAT .....

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..... e covered by the retrospective amendment to the provisions of Rule 6 of CENVAT Credit Rules, 2004 and the appellant is entitled to reverse the proportionate CENVAT Credit availed on the Service Tax paid on the common input services. To that extent, we agree with the contentions raised by the ld. Chartered Accountant. 5. As regards the post 01.04.2008 scenario, the provisions of Rule 6(3A) was ins .....

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..... e we find that it is not so in this case and the appellant should put to some condition to hear and dispose the appeal. Keeping in mind that the appellant has deposited an amount of Rs.13.65 lakhs along with during the pendency of the matter, the appellant is directed to deposit further an amount of Rs.10 lakhs (Rupees Ten Lakhs only) within a period of eight weeks from today and report compliance .....

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