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2015 (12) TMI 1341 - CESTAT MUMBAI

2015 (12) TMI 1341 - CESTAT MUMBAI - TMI - Waiver of pre deposit - Central Excise exemption based on the condition of non-availment of Cenvat credit on the input used in the goods is admissible for exemption of CVD on the imported goods - Held that:- As regard the prayer of the appellant that they were granted conditional stay despite the reference made by Chennai Bench to the larger bench, we do not agree with applicant for the reason that this Tribunal has passed stay order after considering t .....

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ication as per submission of the Ld. Counsel the total duty demand stand at ₹ 1.19 crore. We therefore direct the applicant to pre-deposit of ₹ 60 lakhs within a period of one week - stay granted partly. - Application No. C/MODFN/93239, 93240, 93238, 93237/15, Appeal No. C/88495, 86933, 87757, 88493/14 - Dated:- 18-8-2015 - P. S. Pruthi, Member (T) And Ramesh Nair, Member (J) For the Appellant : Shri V K Jain, Adv For the Respondent : Shri V K Singh, Special Counsel ORDER Per Ramesh .....

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e said reference order made by the Chennai Bench has been appealed against by the Revenue before the Madras High Court, wherein Hon'ble Madras High Court has rejected the appeals of the Revenue under CMA No. 906/2015 dated 6/8/2015 wherein the Hon'ble High Court has directed CESTAT to constitute the Larger Bench and to decide the matter within two months. It is his submission that in the High Court judgment, the Hon'ble Bench while disposing the appeal of the Revenue upheld the stand .....

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Supreme Court in the case of SRF Ltd. Vs. CC Chennai - 2015-TIOL-74-SC-CUS held that the Central Excise exemption based on the condition of non-availment of Cenvat credit on the input used in the goods is admissible for exemption of CVD on the imported goods also. He submits that in the present case major portion of the demand related to the difference of 5% CVD (6% - 1%) in terms of Notification No. 1/2002-Cus which has been considered for direction of pre-deposit of ₹ 4.5 crore. Since no .....

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