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2013 (12) TMI 1191 - AT - Central ExciseCenvat credit on scrap of inputs and capital goods – Applicability of Rule 5(A) w.e.f. 16.05.2005 under Notification No.27/05 - Waiver of Pre-deposit – Assessee contended that there was no necessity for reversal of the CENVAT Credit availed on scrap as no such provision was in existence at that time - Held that:-Prima facie there was force in the contention that payment of duty or reversal on scrap of capital goods became liable to duty w.e.f. 16.05.2005 and no such provision was there between January, 2004 to 15.6.2005 - CENVAT Credit involved after 16.05.2005 on scrap of capital goods is around Rs.38 Lakhs – Assessee directed to deposit 25% of the amount of CENVAT Credit as pre-deposit – upon such submission rest of the duty to be waived till the disposal – Partial stay granted.
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