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2015 (7) TMI 306 - AT - Central ExciseWaiver of pre dpeosit - clearance of goods cleared by an 100% EOU to DTA - Held that:- Appellant an EOU cleared goods on stock transfer to DTA clearance by adopting the price available in their own DTA unit whereas the department enhanced the value by adopting Rule 8 read with CVR. The LAA has relied upon Board’s circular No.268/85-CX-8 dt. 29.9.94 whereas we find that said circular has been withdrawn by the Board vide circular No.933/23/2010 dt. 16.8.2010 and also considering the Tribunal’s decision in the case of Nagreeka Exports Ltd. Vs CCE Pune (2003 (4) TMI 186 - CEGAT, MUMBAI), we find that issue stands decided in favour of appellants. - Considering rescinding of the Board’s circular dt. 29.9.2004 and also taking into consideration Tribunal’s order (supra), prima facie, appellant has made out a case for waiver of predeposit of entire demand. Accordingly, waiver of predeposit and stay of recovery is granted during pendency of appeal - Stay granted.
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