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2015 (5) TMI 329 - AT - Central ExciseWaiver of pre deposit - Denial of CENVAT Credit - Capital goods - Held that:- Applicant M/s Tata Steel Ltd has availed cenvat credit on the capital goods sold/ supplied by M/s L & T, which were later installed and used in or in relation to the manufacture of finished goods in their premises, a fact not in dispute. At this stage, it is not clear as to how and under what provision, the cenvat credit on the capital goods could be held inadmissible, as undisputedly, the said capital goods are installed in their factory and continued to be in their possession and used in the manufacture of finished goods. Also, prima facie it is not understandable as how payment of service tax by M/s L&T Ltd. treating the project as works contract, would deprive M/s Tata Steel Ltd to avail credit on the duty paid capital goods sold/supplied. Thus, we are of the opinion, that the Applicants could able to make out a prima-facie case for total waiver of pre-deposit of dues adjudged. Consequently, pre-deposit of dues adjudged against all the Applicants are waived and its recovery is stayed during pendency of appeals - Stay granted.
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