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2013 (8) TMI 536 - AT - Central ExciseStay Application – Waiver of Pre-deposit – Appellant is purchaser in auction of items wherein winding up of a company is ordered by the Hon'ble High Court of Gujarat - Cenvat credit of the excise duty paid on capital goods was allowed to an assessee from the year 1994 and hence there is an element of doubt as to whether they were eligible for cenvat credit of the capital goods purchased by them – Held that:- This issue needs to be gone into detail as Department is unable to produce any documents in support of his claim that these were no duty paid inputs lying in factory - Issue needs deeper consideration - Appellant's bank guarantee of Rs.5 lakhs were encashed in some other proceedings by the Revenue Authorities - Revenue Authorities encashed the bank gaurantee amount of Rs.5 lakhs, then the said amount if not returned to the appellant; keeping the same in mind, Appellant directed to deposit further an amount of Rs.5 lakhs - Subject to such compliance being reported to the Deputy Registrar, applications for the waiver of pre-deposit of the balance amounts involved are allowed and recovery thereof stayed till the disposal of appeals.
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