2014 (6) TMI 821

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..... Central Excise Act 1944, the duty payable by a 100% EOU is excise duty only and the quantum is required to be worked out based on the customs duty leviable on the goods. When the statute itself provides that what is being paid by a 100% EOU is excise duty, the question of denial of benefit of Notification or the CENVAT Credit Rules does not arise. In this view of the matter, we consider that the a .....

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..... Hence the delay. Since the second appeal can be considered as supplementary appeal, the application for condonation of delay is allowed. 2. Coming to the issue involved, the learned Chartered Accountant submits that the appellant had taken CENVAT credit of duty paid by a 100% EOU supplied to a DTA unit. Revenue has taken a view that entire amount should not have been taken as credit and credit .....

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..... EOU is excise duty, the question of denial of benefit of Notification or the CENVAT Credit Rules does not arise. In this view of the matter, we consider that the appellant has made out prima facie case for complete waiver. Accordingly, there shall be complete waiver and stay against recovery of the dues during the pendency of the appeal. (Pronounced dictated in open Court) - - TaxTMI - T .....

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