2013 (12) TMI 1134

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..... ted under the law. In this case, the credit has been taken in respect of the inputs and there is no charge in the show cause notice that the credit on the inputs is not admissible. Hence, the requirement of pre-deposit is waived during the pendency of the appeal - Decided in favour of assessee. - E/143/2011 - Stay Order No. 650/2011 - Dated:- 26-8-2011 - Dr. Chittaranjan Satapathy, J. Shri .....

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..... ld. SDR, who supports the impugned order. 4. In view of the submissions made, prima facie it appears that the demand is not sustainable. No double benefit has been taken in respect of capital goods, which is prohibited under the law. In this case, the credit has been taken in respect of the inputs and there is no charge in the show cause notice that the credit on the inputs is not admissible. He .....

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