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2014 (11) TMI 670 - HC - Central ExciseWaiver of pre deposit - Denial of CENVAT Credit - Capital goods - Whether the Hon’ble Tribunal was correct in directing the appellant to pre-deposit ₹ 40 lakhs for hearing the appeal and to stay the operation of the impugned order - Held that:- Tribunal has not foreclosed the issues raised by the appellant on the prima facie view of the earlier order passed by the Tribunal dated 8-5-2013, which is said to have been passed following the earlier decision of this Court in C.M.A. No. 3101 of 2005, dated 13-12-2012, which is distinguishable on facts. In any event, the Tribunal has exercised its discretion and directed the appellant to deposit a sum of ₹ 40 lakhs - taking note of the earlier order passed by this Court and the case of the appellant herein, this Court is of the view that the pre-deposit amount shall be reduced to ₹ 25 lakhs. Upon such deposit, the balance adjudged dues shall remain waived and recovery thereof stayed till the pendency of the appeal before the Tribunal - Partial stay granted.
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