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2015 (7) TMI 62 - AT - Central ExciseWaiver of pre dpeosit - Cenvat credit - failure to maintain separate accounts - appellant should have paid 10%/5% of the value of the exempted goods - Held that:- There is no dispute that the appellants are reversed the entire cenvat credit attributable to the exempted goods. The only omission is non-exercise of option before doing so after the introduction of Rule 6(3A) and non-maintenance of separate accounts earlier to that. Since the appellants have reversed the entire amount of credit attributable to exempted goods and the omissions seem to only procedural in nature, we consider that appeal can be heard without insisting on any pre-deposit. Accordingly the requirement of pre-deposit is waived and stay against recovery is granted during the pendency of appeal. - Stay granted.
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