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2014 (4) TMI 44 - AT - Central ExciseWaiver of pre deposit - Denial of benefit of cenvat credit of duty - Held that:- prior to the amendment of Explanation 2 to Rule 2(k) of the CENVAT Credit Rules, 2004, this Court in the case of commissioner of Central Excise vs. Ispat Industries Limited (2007 (7) TMI 633 - BOMBAY HIGH COURT) has held that credit of duty paid on angles, channels and plates etc. which are used in the construction of supporting structure would be available. Though the Larger Bench in the case of Vandana Properties has held that the amendment to explanation (2) to Rule 2(k) of the Cenvat Credit Rules, 2004 by notification dated 7th July 2009 is retrospective in nature, the issue is debatable. In any event, dispute in the present case relates to the period prior to 7th July 2009 and, therefore, in our opinion, it is a fit case to hear the matter on merits without insisting on any pre-deposit - Stay granted.
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