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2015 (9) TMI 101 - CESTAT MUMBAIWaiver of pre deposit - Denial of CENVAT Credit - Premises occupied in pursuance of SARFAESI Act - Land further leased out - Tax paid in the name of borrower - Revenue contends that the tax is to be paid by the Bank - Held that:- Bank is not the original owner but only is deemed owner in exercise of the power of lessor under the SRFAESI Act. Further, as the tax has already been paid, which is not disputed and were accepted and further that the show-cause notice have been issued invoking the extended period - we grant waiver of pre-deposit and stay the recovery of tax, interest and penalty till disposal of the appeal. - Stay granted.
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