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2015 (10) TMI 881 - AT - Central ExciseWaiver of pre deposit - Penalty u/s 11AC - held that:- billets were not sold by the Applicants but transferred from their depot to their convergent agent, who used them for manufacture of wire rods. Since the impugned goods were not sold, they paid the duty on the said billets by determining the value as per CAS-4. - convergent agent was eligible to take credit of the duty paid by the Applicants and therefore, this exercise is revenue neutral. It is also noticed that for the subsequent period, the Department is assessing the impugned goods under provisional assessment on the value declared by the Applicants. In view of facts and circumstances of the case stated as above, we are of the opinion that the Applicant has been made out a prima-facie case for total waiver of predeposit of dues adjudged. Accordingly, the requirement of predeposit of all dues adjudged is waived and its recovery is stayed during pendency of appeal. - Stay granted.
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