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2014 (1) TMI 1062 - CESTAT BANGALOREDenial of cenvat credit – Capital goods used in the setting up of plant - Waiver of Pre-deposit – Held that:- The procurement of capital goods and inputs by the appellant and JSWEL and utilisation in setting up of the power plant were intimated to the department - The factum of availment of CENVAT credit on such capital goods and inputs was disclosed to the department through ER-1 Returns filed from time to time – Thus, there was no suppression of facts which can be attributed to the appellant - prima facie case on the ground of limitation, against a major part of the demand confirmed against the appellant – the appellant is directed to pre-deposit an amount of Rupees Nine lakhs ninety thousand as pre-deposit – upon such submission rest of the duty to be stayed till the disposal – Partial stay granted.
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