TMI Blog2015 (10) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... ince 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. - Excise Stay Application No. E/S/50413/2014, Excise Appeal No. E/50314/2014-EX[DB] - Stay Order No. 50647/2015 - Dated:- 2-2-2015 - Rakesh Kumar, Member (T) And S K Mohanty, Member (J),JJ. For the Appellant : Shri Sudhir Malhotra, Adv. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in terms of the provision of Rule 11 (3) of Cenvat Credit Rules, 2004, the appellant would be liable to reverse the credit in respect of inputs in stock, inputs contained in the finished products lying in stock and the work in progress, if any, and after reversal of this amount from the cenvat credit balance as on 29/04/2008, if any amount of cenvat credit is still left, the same would lapse. According to the Department,the appellant have not reversed the credit in accordance with the provisions of Rule 11 (3) of cenvat credit Rule and have not lapsed the remaining credit and have utilized that credit even after exemption to E-Bikes, for payment of duty on the spares. It is on this basis that the cenvat credit demand of ₹ 4,89,693/- h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ir favour and, hence, the requirement of pre-deposit of cenvat credit demand, interest and penalty may be waived for hearing of the appeal and recovery thereof may be stayed. 4. Shri M.S. Negi, the ld. DR, opposing the stay application pointed out to order-in-original dated 03.06.2010 passed by the Commissioner in this matter wherein in para 4.7 of the order, the Commissioner relying upon the Divisional Additional Commissioner's report has observed that the inputs for E-Bikes and the inputs for re-packing to be sold as spares were different, inasmuch as the appellant were importing E bikes in CKD condition which were being cleared after assembly and the components to be sold as Spare parts were being imported separately and thus they ..... X X X X Extracts X X X X X X X X Extracts X X X X
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