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2018 (9) TMI 729 - AT - Central ExciseCENVAT Credit - inputs utilized for supply of finished goods to developers of special economic zone - period prior to 31st December 2008 - Held that:- The amount in dispute pertains to the goods cleared between May 2007 to November 2008 when rule 6 of CENVAT Credit Rules,2004 providing for certain exceptions did not extend to developers of special economic zones - Also, when the matter came up before the Tribunal for stay of the order of the first appellate authority, the entire amount of pre-deposit has been waived and the appeal admitted for hearing. In the circumstances in which the appeal has been admitted, the failure to deposit the amount directed by the first appellate authority becomes redundant - the dismissal of appeal on grounds of failure to comply with the pre-deposit requirement does not sustain. Impugned order set aside - matter remanded back to the first appellate authority for decision on merits.
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