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2015 (12) TMI 1341 - AT - CustomsWaiver of pre deposit - Central Excise exemption based on the condition of non-availment of Cenvat credit on the input used in the goods is admissible for exemption of CVD on the imported goods - Held that:- As regard the prayer of the appellant that they were granted conditional stay despite the reference made by Chennai Bench to the larger bench, we do not agree with applicant for the reason that this Tribunal has passed stay order after considering this very aspect, in para 5.7 of the stay order dated 23/01/2015, therefore order cannot be modified on that ground. However on perusal of Hon'ble Supreme Court judgment in the case of SRF Ltd [2015 (4) TMI 561 - SUPREME COURT]. we find that eligibility of concessional CVD under notification 12/2012-Cus dated 17/3/2012 has been decided in favour of the assessee. Therefore, we are of the Prima facie view that applicant is entitle for benefit of concessional rate of CVD. After considering the notification as per submission of the Ld. Counsel the total duty demand stand at ₹ 1.19 crore. We therefore direct the applicant to pre-deposit of ₹ 60 lakhs within a period of one week - stay granted partly.
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