2013 (12) TMI 1523

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..... filed for seeking waiver of pre-deposit of Cenvat credit of ₹ 1,04,040/- and equal amount of penalty imposed on the applicant under Section 11AC of the Central Excise Act, 1944. 2. The ld. Advocate appearing for the applicant has submitted that they had taken the input service credit on valuation of fixed assets which come under the activities relating to business and therefore the credi .....

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..... ce under Rule 2(l) of Cenvat Credit Rules, 2004. Moreover the department has not persuaded this matter by issue of any other show cause notice for the prospective periods. Accordingly I am of the view that applicant has been able to make a case for full waiver of the pre-deposit. In view of these circumstances the Stay Petition is allowed. (Pronounced and dictated in the open Court) - - Tax .....

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