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TMI Blog2014 (12) TMI 496X X X X Extracts X X X X X X X X Extracts X X X X ..... nit-I. In our considered view, prima facie, the Cenvat credit cannot be denied to the Unit-I recipient of input. But, we are not impressed with the submission of the learned Counsel that it is a case of revenue neutrality and, therefore, demand is not sustainable. It is a question of fact required to be examined at length at the time of appeal hearing. The submission of the learned Counsel, the en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s both Unit I and Unit-II are registered with Central Excise department. Unit II supplied semi-finished goods on stock transfer basis on payment of duty on cost of production to their Unit-I for manufacture of final product viz., Machined Castings , cleared on payment of duty. It was found that the value declared by Unit II varied with actual cost of production of castings as per CAS-4 statement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the dispute relates to alleged short/excess payment of duty by Unit-II as per CAS-4 against which Unit-I had availed credit and the ultimate result is revenue neutrality. 5. The learned Authorised Representative reiterates the findings of the Commissioner. According to the Revenue, Unit-I erroneously paid the excess amount of duty and, therefore, Unit-I is not eligible to avail Cenvat cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time of appeal hearing. 7. In view of that, we direct the applicant to make pre-deposit a sum of ₹ 10,00,000/- (Rupees Ten Lakhs only) within a period of six weeks. Upon deposit of the said amount, pre-deposit of balance amount of duty along with interest and penalty would be waived and recovery thereof stayed till disposal of the appeal. To report compliance on 6th August, 2014 (Dict ..... X X X X Extracts X X X X X X X X Extracts X X X X
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