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2015 (3) TMI 208 - CESTAT NEW DELHIWaiver of pre deposit - CENVAT Credit - Imposition of interest & penalty - Held that:- Authority has clearly recorded that the total Cenvat Credit in respect of common inputs services taken by them was not reversed and only an amount of ₹ 80,006/- was reversed by them. Further, the adjudicating authority has also observed that the reversal of Cenvat credit subsequently in this manner does not absolve them from the obligation under Rule 6(3) of the Cenvat Credit Rules, more so when the period involved in this case is outside the period for which a retrospective amendment was made to give relief to the assessee in such situation where for relatively small amount of Cenvat credit on common input/common inputs services, relatively large liabilities arose due to the operation of Rule 6(3) ibid. While detailed analysis of the appellants contentions is not warranted at the stage of deciding their stay application, prima facie, it is evident that the appellants had indeed taken Cenvat Credit of common input services. Therefore prima facie the impugned order does not seem to suffer from any legal infirmity. Thus, while the appellants have not been able to make out a good prima facie case to justify full waiver of pre-deposit, having regard to the appellants contention regarding non-invocability of the extended period, we are of the view that a pre-deposit of ₹ 75 lacs would meet the requirements of Section 35F of Central Excise Act, 1944. - Partial stay granted.
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