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2013 (11) TMI 537 - CESTAT NEW DELHIEligibility for Deduction from assessable value – Deferment Scheme under sales tax - Waiver of Pre-deposit - Revenue was of the view that the appellant are not eligible for deduction of the tax which was not actually paid by them – Held that:- Following Maruti Udyog Limited vs. CCE, Delhi-III [2004 (1) TMI 158 - CESTAT, NEW DELHI ] - Prima-facie the deferment scheme dealt with in the Tribunal’s judgement in the case of Maruti Udyog Limited and the scheme in this case is different only in respect of the point that while in the scheme dealt with in case of Maruti Udyog Limited the deferred amount of tax was to be paid within fourteen years, in the present scheme there is no time limit - However, in both the schemes there was an option available to the assessee to have the deferred amount adjusted against the capital subsidy to be received from the Government and in case of Maruti Udyog Limited it is a second option which had been opted by the assessee to this case - The requirement of pre-deposit of duty demand, interest thereon and penalty waived for hearing of the appeal and recovery stayed till the disposal of the appeal - Stay granted.
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