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2014 (6) TMI 582 - CESTAT AHMEDABADWaiver of pre-deposit - CENVAT Credit as distributed by input service distributor (ISD) - reversal of credit towards exempted products - Held that:- there is no dispute as to the fact that appellant is availing Cenvat credit of the Service Tax paid on the input services distributed by their Head Office as Input Service Distributor. It is also undisputed that the appellant is utilising the ISD service tax credit for discharge of Central Excise duty on the goods manufactured and cleared by them. It is seen from the records that the appellant has claimed that they have reversed the amount which is attributable to the input services which go into manufacturing of exempted products, as per the provisions of Rule 6(3) of Cenvat Credit Rules, 2004. We also find from the certificate issued by the Chartered Accountant that it is so. At this juncture, though the appellant could have intimated the departmental authority regarding the option of reversal of input services which are attributable to the exempted goods but having reversed the same, we find that appellant has made out a prima facie case for the waiver of pre-deposit of amount which are confirmed against the main appellant on the ground that they are liable to pay 5% of the value of the exempted goods cleared from their factory premises - Stay granted.
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