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2013 (10) TMI 265 - AT - Central ExciseCENVAT Credit – Waiver of Pre-deposit - inputs (furnace oil) - maintenance of separate records - Revenue was of the view that such credit should be taken only in respect of furnace oil going into the production of dutiable products – Held that:- Following CCE Vs Gujarat Narmada Valley Fertilizers Co. Ltd. [2012 (12) TMI 437 - SUPREME COURT] - the matter stands referred to a Larger Bench of the Apex Court in view of conflicting decisions of the Hon. Apex Court on the issue – assessee pleaded that since there is doubt expressed by the Hon. Apex Court itself on the issue, his stay petition should be allowed - it would be proper to waive pre-deposit of dues arising from the order for admission of appeal – Stay granted.
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