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2014 (6) TMI 821 - AT - Central ExciseCENVAT Credit - nature of duty paid by the 100% EOU - Revenue has taken a view that entire amount should not have been taken as credit and credit should have been limited to the amount attributable to excise duty(CVD) portion of the total duty paid by 100% EOU - Held that:- According to Section 3 of Central Excise Act 1944, the duty payable by a 100% EOU is excise duty only and the quantum is required to be worked out based on the customs duty leviable on the goods. When the statute itself provides that what is being paid by a 100% EOU is excise duty, the question of denial of benefit of Notification or the CENVAT Credit Rules does not arise. In this view of the matter, we consider that the appellant has made out prima facie case for complete waiver. Accordingly, there shall be complete waiver and stay against recovery of the dues during the pendency of the appeal - Stay granted.
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