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2013 (11) TMI 236 - CESTAT BANGALOREReversal of CENVAT Credit – input cleared as such / sale of inputs in auction - reversal on Transaction Value or original credit to be reversed – Waiver of Pre-deposit – Held that:- There is no discussion about this statement at all - there was no admission on the part of the officers of the company that there was no linkage between the inputs written off and sold in auction - department has also not gathered any other evidence to show that the inputs disposed off were different from the one which were written off - the procedure adopted by the appellant is also in accordance with law since during the relevant time if the inputs are cleared as such, the duty payable was on transaction value - the appellant has made out a prima facie case on merits - there will be waiver of pre-deposit and stay against recovery during the pendency of appeal – stay granted.
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