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2013 (4) TMI 503 - CESTAT NEW DELHIWaiver of pre-deposit under Rule 6(3) of Cenvat Credit Rules, 2001 - Interest and penalty under Rule 5 - Demand under Rule 6(3) along with interest and penalty - Held that:- Even if the department's plea that iron ore fines is an excisable goods fully exempted from duty and, hence, covered by the definition of "exempted goods" as given in Cenvat Credit Rules and on this basis the provisions of Rule 6(3) would be applicable is accepted, in view of the retrospective amendment of the provisions of Rule 6(3) by Section 73 of proportionate credit for which a formula is prescribed in this sub-rule as the appellant have used common input services, GTA services and clearing & forwarding agent's services in receipt of iron ore lumps in respect of which Cenvat Credit has been availed and which have been used in the manufacture of dutiable as well as exempted final product. According to the ld. Counsel for the appellant, total Cenvat Credit in respect of common services is around Rs. 3 lakhs and the amount to be reversed cannot be more than Rs. 3 Lakhs. In view of this, the applicant are directed to deposit an amount of Rs. 3 lakhs within a period of four weeks from date of this order - Compliance to be reported on 23.04.12 - On deposit of the above amount within the stipulated period, the requirement of pre-deposit of balance amount demanded under Rule 6(3), interest on this amount and penalty, shall stands waived and recovery thereof stayed till the disposal of the appeal.
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