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2015 (10) TMI 143 - AT - Central ExciseWaiver of pre deposit - Availment of CENVAT Credit - Non maintenance of separate accounts - Held that:- Commissioner, relying upon the verification report of the Divisional Officer reporting that E bikes kits for being assembled and the parts for being sold as spares, were being imported separately and as such they were not using common inputs for the manufacture of E-bikes and the spare parts, has held that the provisions of rule 11 (3) would be applicable in respect of E-bikes and on this basis the Commissioner has confirmed the cenvat credit demand of ₹ 10,35,147/- alongwith penalty of equivalent amount. Since the basic point of dispute in this case stands decided by the Commissioner which is based on the verification by the jurisdictional central excise officers reporting that the inputs for E-Bikes and the inputs to be sold as spare parts were being separately imported, we are of the view that this is not the case for total waiver of pre-deposit. The appellant are, therefore, directed to deposit an amount of 10% of the cenvat credit demand within a period of four weeks - Partial stay granted.
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