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2015 (3) TMI 78 - CESTAT CHENNAIWaiver of pre deposit - Input service credit - Trading activity - Held that:- Applicant in their reply to the show cause notice categorically disputed the quantification of the demand in so far as that the demand was determined on the total value of the trading turnover of the entire company, which is ex-facie bad in law. We find that the adjudicating authority had not given any findings on this issue. It is noticed that the Tribunal in the case of Mercedes Benz India Pvt. Ltd (2014 (4) TMI 12 - CESTAT MUMBAI), held that exempted goods in Rule 2(e) CCR includes trading in prospective nature from 01.04.2011. Prima facie, we find in the present case, the applicants have reversed the proportionate input service credit and therefore, it is a fit case for waiver of predeposit of the entire amount along with interest and penalty. In view of the above, we waive pre-deposit of the entire amount along with interest and penalty and stayed its recovery till the disposal of the appeal - Stay granted.
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