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2013 (10) TMI 1089 - CESTAT BANGALOREReversal of CENVAT credit – Waiver of Pre-deposit - Whether the appellant is required to pay 5%/10% of the value of the chilli seeds which are taken out from the chilli before commencement of manufacture of oleoresin and de oiled cake which emerges after the oleoresin is extracted from chili – Held that:- Chilli seeds emerge before the manufacturing process of oleoresin commences and therefore the appellant may not be required to reverse input credit - As regards the input service, the appellant has already reversed the proportionate amount of CENVAT credit –Following Rallies India Ltd. vs. UOI [2008 (12) TMI 46 - HIGH COURT BOMBAY] - As regards de oiled cakes, there is no dispute that it is a waste or by-product which emerges during the course of manufacture of oleoresin and it cannot be avoided - As regards the credit of Rs.3 lakhs, in any case the credit was available to the appellant - the amount already reversed by the appellant is sufficient and therefore, there shall be waiver of pre-deposit and stay against recovery during the pendency of appeal - Stay granted.
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