2013 (10) TMI 716

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..... Ravindaran; This stay petition is filed for the waiver of pre-deposit of an amount of Rs. 42,21,447/- confirmed as duty, interest thereof and penalty of equal amount imposed. 2. Heard both sides and perused the records. 3. On perusal of record, we find that the issue involved in this case is regarding ineligible availment of cenvat credit of NCCD credit on the captive consumption of POY yarn. .....

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..... use notice for the subsequent period within the period of limitation. We find that, though the decision of the Tribunal dated 12.08.2010 is against the assessee, the extended period cannot be invoked in this case, is our prima facie view. 5. In view of the above, we find that the appellant has made out a case for the waiver of pre-deposit of amounts involved only on the ground of limitation. Appl .....

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