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2013 (10) TMI 990 - CESTAT CHENNAICENVAT Credit on input and input services – Rule 6(3) of CE Rules - Waiver of Pre-deposit - Whether the applicant is liable to pay an amount equal to 5% / 10% of the value of the exempted goods under Rule 6(3) of the CENVAT Credit Rules, 2004 – Held that:- On this issue the Hon’ble High Courts and the Tribunal in various decisions held that bagassee, press-mud etc. are not excisable goods and therefore Rule 6(3) of the CENVAT Credit Rules, 2004 would not apply - Following Gularia Chini Mills Vs. Union of India & Ors. [2013 (7) TMI 159 - ALLAHABAD HIGH COURT] - demand of 5% / 10% on electricity cleared from the factory under Rule 6(3) of the CENVAT Credit Rules, 2004 - and CCE, Pondicherry Vs. EID Parry (I) Ltd. [2013 (3) TMI 366 - MADRAS HIGH COURT] - in respect of bagassee, press-mud etc. Respectfully following the decisions of the Hon’ble High Courts, as above, we grant waiver of pre-deposit of entire amount of duty along with interest and penalty and stay its recovery during the pendency of the appeal - Stay granted.
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