2014 (1) TMI 8

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..... waiver of pre-deposit of the following amounts: Duty Demand Penalty Interest Rs.4,58,126/- Rs.1,00,000/- As applicable 2. The above said amounts have been confirmed by the first appellate authority on the ground that the appellant has availed ineligible cenvat credit on the inputs which were used for the manufacturing of final product on which nil rate of duty was payable. The period involv .....

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..... an order on the stay, on an appeal filed by the assessee on the stay application, which directed them to deposit some amount. 4. Ld. D.R. on the other hand would submit that the appellants product is correctly classified under chapter head 2503.0090 and he should not have paid any central excise duty. If the clarified tariff rate of the product is nil, appellant herein is not eligible to avail .....

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..... ssue, categorically set aside the stay order passed by the Tribunal. We find prima facie, the appellant has made out a case for the waiver of the pre-deposit of the amounts involved. Application for the waiver of pre-deposit of the balance amounts involved is allowed and recovery thereof stayed till the disposal of appeal. (Dictated and pronounced in the Court)
Case laws, Decisions, Judgement .....

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