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2013 (11) TMI 1411 - CESTAT KOLKATADenial of cenvat credit - Irregular and illicit credit availed on Rails as capital goods and as inputs - Waiver of Pre-deposit – Held that:- The Applicant had availed the CENVAT Credit on Rails as capital goods and as inputs - the procurement of Rails had been capitalized by the Applicant in their Statement of Accounts and Balance Sheet - the Applicant have not made out a prima facie case for total waiver of pre-deposit of the CENVAT Credit – Assessee directed to deposit Rupees nine lakh as pre-deposit – upon such submission rest of the duty to be stayed till the disposal – Partial stay granted.
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