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2010 (8) TMI 432 - CESTAT, MUMBAIWaiver of pre-deposit - clearance of capital goods as such - reversal of cenvat credit - rule 3(5) of CCR - Held that: - whenever the purposes for which the capital goods are removed as such from the factory, an amount equal to the credit taken in respect of such goods is required to be paid by the party. The allegations raised in the show-cause notice are that the fact that any amount equal to CENVAT credit taken on the capital goods had not been paid was not disclosed by the appellant while exporting the goods. It was also alleged that the relevant invoice was not produced. Obviously, the export was made under free shipping bill. The Revenue has not shown to us that there was a legal requirement of the exporter having to disclose in the shipping bill as to whether they had paid an amount equal to CENVAT credit availed on the capital goods (export goods) or not. If there was no such requirement, it cannot be said that the appellant/exporter suppressed the above fact by not declaring the same in the shipping bill. - Pre deposited waived fully.
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