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2015 (10) TMI 1338 - AT - Central ExciseReversal of CENVAT Credit - Trading of goods - Held that:- Issue relates to demanding proportionate credit on the input service credit availed on the trading of goods. There is no doubt that the appellant is a manufacturing unit availed the credit distributed by their ISD. As regards the objection raised by the ld. Advocate on the jurisdiction of the Commissioner, Pondicherry, for raising demand on the appellant for reversal of credit under Rule 6(5) the Tribunal's decision in the case of Eveready Industries India Ltd. (2009 (8) TMI 437 - CESTAT, CHENNAI), DB of this Tribunal in Final Order has held that the Commissioner having jurisdiction of the recipient unit has a power to examine the availment of cenvat credit. In view of the above decision and also considering the fact that the lower appellate authority has confirmed only the proportionate credit and not the entire demand under Rule 6(5) on the value, prima facie, appellant do not satisfy the requirement for total waiver of pre-deposit. - stay granted partly.
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