TMI Blog2013 (10) TMI 793X X X X Extracts X X X X X X X X Extracts X X X X ..... the same time it cannot be said that a case has been made out for a total waiver - the appellant is directed to deposit 50% of the total CENVAT credit demanded – upon submission of the same there shall be waiver of pre-deposit of balance dues and stay against recovery during the pendency of appeals – Partial stay granted. - E/618/2012-SM and E/619/2012-SM - Misc. Order Nos. 26898-26899/2013 - Da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en invoked and no penalty also has been imposed. The demand is only for the CENVAT credit availed with interest. 3. The learned advocate submitted that the issue involved is very contentious and the Larger Bench decision in the case of Vandana Global Ltd. has been challenged before the Hon ble High Court of Chattisgarh and the appeal has been admitted. Further this Tribunal in the case of A.P. P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver. Accordingly the appellant is directed to deposit 50% of the total CENVAT credit demanded in both the appeals within 6 weeks from today and report compliance on 11.10.2013. Subject to deposit of the above amount, there shall be waiver of pre-deposit of balance dues and stay against recovery during the pendency of appeals. (Order Pronounced and Dictated in Open Court) - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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