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2013 (10) TMI 1046 - PUNJAB & HARYANA HIGH COURT100% EOU – Cenvat credit as per Rule 3(7)(a) of CE Rules – Waiver of Pre-deposit - Revenue was of the view that the appellant was required to take credit calculated in terms of Rule 3(7)(a) of the Credit Rules as prevalent during the period – Held that:- The contentions raised by the appellant prima facie raise an inference that there is an arguable point, particularly, when the account books and documents were audited and checked in 2008 by the respondent-Department and no discrepancy was detected - The question whether the respondents are justified in invoking the extended period of limitation, is a matter to be determined in appeal - the question whether the appellant has suppressed facts from the Department or evaded payment of duty, are other factors that would require consideration by the Tribunal - the appellant directed to deposit 50% of the amount of duty as pre-deposit – upon such submission rest of the duty to be waived till the disposal – Partial stay granted.
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