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TMI Blog2012 (4) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... e Bench when the stay petition was argued on 12-12-2011. Since this is a legal position which was not considered while passing the order and on consideration of the legal position, we are of the view that there is a prima facie case for waiver of pre-deposit of interest arising from the impugned order since the cenvat availed has resulted in short levy of NCCD - Stay order modified. - E/383/2011 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CCD arising out of utilization of Cenvat credit taken of basic excise duty on Inputs used for the manufacture of final products. It is pointed out that as per Section 136 of Finance Act, 2001 only the provision relating to refunds and exemptions from duties and imposition of penalty as provided in Central Excise Act, 1944 have been borrowed for the purpose of levy of NCCD. Since the provision of l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of stay which should not be done. He submits that interest demanded is for credit taken under Rule 15 of Cenvat Credit Rules, 2002 and not on the short levy of NCCD. 5. We have considered the submissions of both sides. We find the legal position that machinery provisions do not exist for collection of NCCD short levied was not brought to the notice of the Bench when the stay petition was argued ..... X X X X Extracts X X X X X X X X Extracts X X X X
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