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2014 (11) TMI 307 - CESTAT CHENNAIWaiver of pre-deposit - 100% EOU - Denial of cenat credit after debonding of the unit - amount was paid at the time of de bonding - Held that:- Appellants are registered as an 100% EOU for manufacture of Carbon Brushes falling under Chapter Sub-heading 8545 2000 of the Central Excise Tariff Act, 1985. On perusal of the final exit order dated 23.02.2012 issued by the Deputy Commissioner of Central Excise, MEPZ Special Economic Zone and HEOUs, Chennai, that after obtaining no due certificate from the Deputy Commissioner of Central Excise that they have remitted all the dues, the Development Commissioner has allowed for the final exit from 100% EOU status. We also find that the appellants discharged appropriate duties on the stock of inputs lying and on the capital goods and availed credit as they continued as DTA unit in the same premises. first proviso to Sub-rue (1) of Rule 3, stipulates that the credit should be allowed on the duty paid on the capital goods at the time of de-bonding of the unit and in terms of para-8 of Notification No. 22/2003. Prima facie, the applicant has made out a strong case for waiver of pre-deposit relates to the interpretation of Cenvat Credit Rules and the proviso for availing cenvat credit on the capital goods at the time of de-bonding - Stay granted.
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