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2013 (12) TMI 929 - AT - Central ExciseDenial of cenvat credit - Goods can be considered as capital goods or not under Rule 2(a) of the CENVAT Credit Rules, 2004 – Waiver of Pre-deposit – Held that:- The matter is highly controversial and actual use of the goods and its nexus with manufacturing activity are very relevant for deciding the issue - On this aspect of the matter, the findings are vague because the lower authorities have concentrated on the type of articles used not its actual use – Following Saraswati Sugar Mills Vs Commissioner of Central Excise, Delhi-III [2011 (8) TMI 4 - SUPREME COURT OF INDIA ] - the applicants are directed to make a pre-deposit of Rupees Fifteen Lakhs as pre-deposit – upon such submission rest of the duty to be stayed till the disposal – Partial stay granted.
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