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2015 (4) TMI 1021 - AT - Central ExciseWaiver of pre deposit - CENVAT Credit - Capital goods - whether the appellant would be eligible for cenvat credit in respect of MS angles, channels, bars etc., which had been taken by them during the period from September 2010 to February 2012 - Held that:- There is no evidence that the fabrication of the capital goods had been declared by them in the ER-1 returns or by any other specific information in this regard given by the appellant. The steel items, in question, - MS angles, channels, bars etc. are not covered by the definition of capital goods and the same would be eligible for cenvat credit only if there is evidence on record to prove that the same had been used for fabrication of capital goods and only in that case such steel items would be eligible for cenvat credit as inputs. But for this there must be some clear evidence on record which, prima facie, is not there in this case. - this is not a case for total waiver from the requirement of pre-deposit. After considering the overall facts and circumstances of the case and also the plea of financial hardship pleaded by the appellant, we direct the appellant to deposit an amount of ₹ 40 lakh within a period of 8 weeks. On deposit of this amount within the stipulated time period, the requirement of pre-deposit of balance amount of cenvat credit demand, interest and penalty would stand waived and recovery thereof is stayed - Partial stay granted.
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