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2012 (8) TMI 819 - AT - Central ExciseEligibilty for Cenvat credit - Import of plastic granules - Held that:- On going through the records, it is apparent that the appellant have availed Cenvat credit in respect of inputs which resulted in waste. Admittedly the excise duty in respect of the aforesaid waste has been paid. Therefore, at this initial stage, we are of the view that the appellants have been able to make out a strong prima facie case justifying waiver of condition of pre-deposit. In view of the above, requirement of pre-deposit of Cenvat credit demand, interest and penalty is waived and the recovery thereof stayed pending disposal of the appeal - Stay granted.
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