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2015 (4) TMI 423 - HC - Central ExciseWaiver of pre deposit - Whether in the instant case the direction of the CESTAT to deposit ₹5 crores as pre-condition for the hearing of the appeal was justified - interdependent and integrated plants for manufacturing sugar and alcohol. - availing cenvat credit while availing exemption in respect of Rectified Spirit (RS), Absolute Alcohol (AA) Extra Neutral Alcohol (ENA), all conforming to the alcohol volume in excess of 95%. - Held that:- As noticed by the Bombay High Court in its rulling in Niphad Sakhar (2014 (1) TMI 1384 - BOMBAY HIGH COURT) , all the tariff entries w.e.f. 01.03.2005 and the consequent exemption notification have resulted in a different regime. Even otherwise the submission made by the revenue to the effect might be startling, consequent prima facie on the logic which appeals to the Bombay High Court comment for acceptance of this Court. As a result the impugned direction to deposit ₹5 crores is hereby set aside - Decided in favour of assessee.
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