2013 (2) TMI 568

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..... Revenue filed this application for stay of the impugned order whereby the adjudicating authority held that the respondents are entitled to claim rebate of the CENVAT credit reversed amounting to Rs.5,90,83,654/- pertaining to wrongly taken credit provided they satisfy the Jurisdictional Central Excise office that the impugned goods have in fact been exported and also that all other conditions are .....

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..... to deny the credit wrongly availed by the respondent in respect of the bought out items, the value of which is not included, in the assessable value of the finished goods. The adjudicating authority confirmed the demand of CENVAT Credit availed by the applicant. In these circumstances, we direct that the rebate claim if filed by the respondents to be kept pending till the disposal of the appeal. .....

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