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2015 (10) TMI 1145 - AT - Central ExciseWaiver of pre deposit - CENVAT Credit - Held that:- There is no dispute about the correctness of the availed credit by the appellant. The same has to beutilised by the appellant for payment of duty on the manufactured final product. Instead the appellants have utilised the same for payment of duty at the time of clearance of imported inputs into DTA. Undoubtedly in matters of CENVAT credit, there is no one-to-one correlation and if the appellants have used such credit for payment of duty for clearance of imported raw materials, they would not be in a position to use the same at the time of clearance of the final product. As such at this stage by treating the said reversal as proper, I dispense with the condition of pre-deposit and remand the matter to Commissioner (Appeals) for decision on merits without insisting on any pre-deposit. - Stay granted.
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