Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (11) TMI 1125 - AT - Central ExciseBenefit of Procedures laid down in Rule 6(3) (i) or (ii) of cenvat credit rules, 2004 in the same financial year - Applicant contended that they have not exercised any option for availing the benefit under Sub-Rule (i), but paid 8%/10% of the price of the exempted goods due to non-availability of data, they cannot be precluded in exercising their option under Clause (ii) during the same financial year – Held that:- Ankit Packaging Ltd. Vs. Commr. of Central Excise, Hyderabad [2003 (12) TMI 86 - CESTAT, NEW DELHI] - Prima facie, after availability of necessary data necessary to exercise option under clause (ii), the applicant, made an application on 29th of May, 2008 complying with the conditions prescribed under Sub-Rule 3A - Prima facie, mere discharging 10% of the price of the exempted goods due to non-availability of data at the beginning of the Financial year, would not disentitle them in exercising their option later during the same financial year under clause (ii) of Sub-Rule (3) of Rule 6 of Cenvat Credit Rules,2004 - the applicant could able to make out prima facie a case for total waiver of pre-deposit of dues - Thus pre-deposits waived till the disposal – Stay granted.
|