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2013 (8) TMI 840 - CESTAT NEW DELHICENVAT credit on Capital Goods taken on lease from Corporate Ispat Alloys Ltd. (CIAL) - Rule 4(3) of the Cenvat Credit Rules, 2004 - Stay - Held that:- Prima facie the availment of capital goods Cenvat credit in the case by the appellant was not correct, as the words "financing company" in Rule 4(3) of Cenvat Credit Rules cannot be read "as any person". Bar of Limitation – Held that:- Prima facie there was no intimation in this regard to the department - In any case, the point of fact can be examined in detail only at the time of final hearing - while AIL and CIAL had intimated the leasing of their plant and machinery to the appellant and also the payment of amount equal to the Cenvat credit availed by issue of invoices, it was not known as to whether the availment of Cenvat credit by the appellant on the basis of invoices issued by AIL and CIAL was specifically intimated to the department. Appellant directed to to deposit an amount of Rs.6 Crores - stay granted partly.
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