TMI Blog2014 (4) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... s a formula prescribed under the said rule for availment of CENVAT Credit of the Excise duty paid by an 100% EOU under the provisions of Section 3 of Central Excise Act, 1944. The calculation given by the ld. Counsel as regards their submission that they have correctly availed CENVAT Credit, needs to be gone in detail after considering the provisions of CENVAT Credit Rules, 2004 read with said Notification No.23/2003-CE. In our considered view, the issue is contentious one and needs some time for disposal. In view of this, we find that the main appellant-assessee has not made out a prima facie case for complete waiver of pre-deposit of the amount of the duty demanded by the adjudicating authority - Conditional stay granted. - E/84, 85/2012 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -rule (7) of Rule 3 of CENVAT Credit Rules, 2004 is always changing depending upon the rate of the Basic Customs Duty and draws our attention specifically to sub-rule as is enshrined in CENVAT Credit Rules, 2004 for the period 2007-2008. He would also submit that an identical issue has been decided by the Mumbai Bench of the Tribunal in the case of Emcure Pharmaceuticals Ltd and submit that the finally disposed material in favour of the assessee. He would also submit that in the case of Encore Healthcare Pvt. Ltd. - 2012 (280) ELT 551 (Tri-Mum), the co-ordinate Bench of the Tribunal has granted complete waiver of the demand in an identical issue, relying upon the judgment of Emcure Pharmaceuticals Ltd (supra). 4. Ld. Additional Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one and needs some time for disposal. In view of this, we find that the main appellant-assessee has not made out a prima facie case for complete waiver of pre-deposit of the amount of the duty demanded by the adjudicating authority. 7. Keeping in mind that the issue is contentious one and also considering that more or less an identical issue has been considered by that Bench in the case of Encore Healthcare Pvt. Ltd. (supra), we direct the appellant company herein to deposit an amount of Rs.6 lakhs (Rupees Six Lakhs only) within a period of eight weeks from today and report compliance on 12.03.2013. 8. Subject to such compliance being reported, the applications for waiver of pre-deposit of the balance amounts involved are allowed and th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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