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2010 (4) TMI 434 - AT - Central ExciseCenvat Credit- Stay- The demand was confirmed on account of removal of the capital goods in violation of Rule 57-S(1)(ii) of the said Rules. The sole contention of the respondent is that there was no physical removal of the goods as such and the rule clearly requires physical removal of the goods. According to the respondent, the mere leasing out of the capital goods, even along with the manufacturing facility in the factory, would not amount to physical removal of the goods within the meaning of the said expression under the said rule. Held that- stay has been granted. if the stay is not granted, the appellants are bound to suffer irreparable loss and, therefore, in our considered opinion, the application deserves to be allowed and impugned order is stayed till the disposal of the appeal.
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