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2013 (11) TMI 1123 - CESTAT NEW DELHIReversal of Capital goods – Waiver of Pre-deposit – Held that:- The question of availability of capital goods Cenvat credit to M/s K. Three Pvt. Ltd. in respect of the used moulds and dies received by them from M/s L.G. Electronics cannot be determined by reviewing the assessment at the supplier’s end, unless the assessment at the end of M/s L.G. Electronics has been reviewed by the jurisdictional Central Excise authorities - In any case, it is a Revenue neutral situation – Thus, the requirement of pre-deposit of Cenvat credit demand from M/s K. Three Pvt. Ltd. and interest and also the requirement of pre-deposit of penalty by M/s K. Three Pvt. Ltd. and M/s L.G. Electronics waived for hearing of their appeals and recovery stayed till the disposal of the appeals – Stay granted.
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