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2013 (10) TMI 1190 - CESTAT KOLKATAWaiver of pre-deposit of CENVAT Credit and Penalty under Rule 15 of the CC Rules r.w. Section 11AC of the CE Act - Held that:- The Applicant has claimed the CENVAT Credit on the three items namely, PSC Railway Sleeper, Rails and Electrical items treating them as capital goods - the definition of capital goods in Rule 2(a) of the CENVAT Credit Rules,2004 has to be applied as the period involved i.e; from January, 2009 to April, 2009 and not the provisions of Rule 57Q of the erstwhile Central Excise Rules, 1944 - the Applicant could not able to make out a prima facie case for total waiver of the pre-deposit of the dues - the Applicant is directed to make a pre-deposit of 25% of the CENVAT Credit - the balance dues would stand waived and its recovery stayed during pendency of the Appeal – Partial stay granted.
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