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TMI Blog2013 (12) TMI 1294X X X X Extracts X X X X X X X X Extracts X X X X ..... tition is filed for the waiver of pre-deposit of duty amount of Rs.62,74,281/-, interest thereof and equivalent amount of penalty. 2. The above said amounts have been confirmed by the adjudicating authority holding that the appellant herein is not eligible to avail cenvat credit of MS plates, angles, channels etc. during the period April 2006 to July 2009 as they are not to be considered as capit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of issues. 5. Ld. D.R. on the other hand would vehemently submit that there is no question of bonafide belief to the assessee as the matter was referred to a Larger Bench by the Tribunal in the year of 2008. It is his submission that, post 2008, appellant could not have entertained a bonafide belief that they can avail the cenvat credit on these items. It is his submission that decision of Vanda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... post 2008, needs to be addressed which can be done at the time of final disposal of the appeal. At this juncture, we find that the appellant has made out a prima facie case for the waiver of the pre-deposit of the amounts involved. Application for the waiver of the pre-deposit of the amounts involved is allowed and recovery thereof stayed till the disposal of appeal. (Dictated and pronounced in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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