2014 (8) TMI 916

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ot accumulate any cenvat credit on the inputs or capital goods. Prima facie , I find that Notification No.30/04 read with corrigendum dt. 9.7.2004 restriction was imposed only in respect of the goods where are credit of duty taken on inputs only. This view is also supported by the stay order of the Tribunal in the case of Arvind Ltd. Vs CCE Bangalore – [2012 (9) TMI 877 - CESTAT BANGALORE]. Hence .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Initially, the applicants were under EOU status and on 25.10.2010, the applicant was permitted debonding and paid duty on capital goods. The final product cotton yarn is exempted vide Notification No.30/2004 dt.9.7.2004. Proviso to Notification No.30/04 stipulates that this notification shall not apply to the goods in respect of which credit of duty on inputs or capital goods has been taken under .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... on inputs only. This view is also supported by the stay order of the Tribunal in the case of Arvind Ltd. Vs CCE Bangalore 2013 (297) ELT 453 (Tri.-Del). Hence the applicant made out prima facie case for waiver of predeposit of entire amount of duty along with interest and penalty. Accordingly, predeposit of duty along with interest and penalty is waived and its recovery stayed till disposal of a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X