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2014 (1) TMI 56 - CESTAT MUMBAIReversal of credit to be made – No separate accounts maintained for taxable as well as exempted goods or exempted services - Waiver of Pre-deposit – Held that:- As per Rule 6(3) the applicant has to opt for Rule 6(3)(i) or Rule 6(3A) - If they have opted to pay 5% value of the exempted goods as per Rule 6(3)(i), they cannot take option separately for exempted services as per Rule 6(3A) – the applicants have failed to make a prima case for waiver of amount - the value prescribed as per Rule 6(3) of CENVAT Credit Rules, 2004 is sale price less cost price of goods which is 5% of amount roughly – the applicant has already paid Rs. 95,77,184 - the applicants is directed to make a further deposit of Rupees two crores fifty lakhs as pre-deposit – upon such submission rest of the duty to be stayed till the disposal – partial stay granted.
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