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2013 (11) TMI 844 - AT - Central ExciseDistribution / bifurcation of cenvat credit amongst storage tanks and structures - Waiver of Pre-deposit of duty and penalty under Rule 15 (2) of cenvat credit rules r.w. Section 11AC of CEA,1944 – Held that:- Prima facie, the applicant’s case relating to storage tanks involved a total credit of Rs.17.17 Crores and claimed to be relating to Storage Tank - on a verification report submitted by the Department, it is claimed by the Revenue that from the said Rs.17.17 crores, around Rs.9.74 crores relates to structural - at this stage, it would be difficult to say that what quantum of Cenvat Credit relatable to Storage Tanks and structures - This has gone to laying down of storage tank in their factory – for Cenvat Credit on pipes and fittings following Commr.of Central Excise, Chennai Vs. Pepsico India Holdings Ltd. [2000 (10) TMI 122 - CEGAT, CHENNAI] – relying upon Vandana Global Ltd. Versus CCE [2010 (4) TMI 133 - CESTAT, NEW DELHI (LB) ] – for demand of Cenvat Credit related to structural, pre-deposit is directed for normal period of limitation – assesse directed to submit Rupees One Crore as pre-deposit – upon such submission rest of the duty to be waived till the disposal – Partial stay granted.
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