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2013 (10) TMI 1247 - AT - Central ExciseReversal of Cenvat credit – Waiver of Pre-deposit - Whether Goods Manufactured are inputs or capital goods OR not - plates, angles, channels etc. falling under Chapter 72 of Central Excise Tariff were sued in the supportive structures - Held that:- The appellant was entitled to entertain a bonafide belief about their eligibility for CENVAT credit since during a portion of the relevant period there were contrary views taken by different Benches of the Tribunal which came to be finally decided against the assessee in the case of Vandana Global Ltd. Vs. Commissioner of Central Excise, Raipur [2010 (4) TMI 133 - CESTAT, NEW DELHI (LB) ] - the appellant had reversed the CENVAT credit and paid the interest on an assurance given by the audit party that if the CENVAT credit and interest are paid, no further proceedings will be initiated - assessee has made out a prima facie case for stay against the recovery during the pendency of the appeal – Stay granted.
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