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2012 (7) TMI 813 - AT - Central ExciseWaiver of pre deposit - Inputs written off which were purchased in 1997-1998 over a period of time as an unserviceable inputs - Held that:- provisions of Rule 3(5B) has been invoked by the authorities seeking the reversal of Cenvat credit on the inputs which were declared as obsolete/unserviceable. The said Rule 3(5B) during the relevant period, when the Show Cause Notice was issued, sought the reversal of Cenvat credit only if such inputs which are declared as obsolete/unserviceable are fully written off. It is an admitted fact that this is not factual position in this case, inasmuch as the appellant has not fully written off the value of such inputs which were obsolete or unserviceable. The amended sub-rule (5B) of Rule 3 of Cenvat Credit Rules, 2004 came into statute on 1-3-2011. The period involved in this case being prior to that, we are of the considered view that on this point itself, the appellant has made out a prima facie case for the waiver of pre-deposit of the amounts involved - Stay granted.
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