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2012 (11) TMI 245 - CESTAT NEW DELHIRemoval of scrap and waste - denial of benefit of Rule 4 (5) (a) of the Cenvat Credit Rules, 2004 - application seeking waiver of pre-deposit with interest and equal amount of penalty - Held that:- The issue raised in this appeal is interpretation of Cenvat Credit Rule 4 (5) (a) of the Cenvat Credit Rules, 2004, which requires serious consideration. Otherwise also even if the argument of the respondent department is accepted, the entire exercise is Revenue neutral as the job worker would have been entitled to avail Cenvat credit of the duty paid by him and the appellant would also be entitled to Cenvat credit of duty paid on the brass wire manufactured by the job worker and returned to the appellant. Thus appellant has a prima facie case for waiver of condition of pre-deposit. Stay application is, therefore, allowed and condition of pre-deposit of duty demands, interest and penalty is waived, for hearing of the appeal and recovery thereof is stayed till the disposal of the appeal - in favour of assessee.
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