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2014 (8) TMI 916 - AT - Central ExciseWaiver of predeposit of duty - Accumulation of CENVAT Credit - manufacture of cotton yarn - exemption vide Notification No.30/2004 dt.9.7.2004 - Held that:- It is seen from the SCN that the proceedings were initiated on the ground that as per Notification No.30/2004 dt. 9.7.2004, the applicant cannot accumulate any cenvat credit on the inputs or capital goods. Prima facie , I find that Notification No.30/04 read with corrigendum dt. 9.7.2004 restriction was imposed only in respect of the goods where are credit of duty taken on inputs only. This view is also supported by the stay order of the Tribunal in the case of Arvind Ltd. Vs CCE Bangalore – [2012 (9) TMI 877 - CESTAT BANGALORE]. Hence the applicant made out prima facie case for waiver of predeposit of entire amount of duty along with interest and penalty. - Stay granted.
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