2013 (11) TMI 1652 - AT - Central Excise

Tribunal requires 25% pre-deposit for Cenvat Credit appeal. Waiver upon compliance. Recovery stayed.

The Tribunal directed the applicant to make a pre-deposit of 25% of the Cenvat Credit amount within eight weeks. Upon compliance, the balance amount of ... - Issues involved: Application for waiver of Cenvat credit amount imposed u/r 14 of Cenvat Credit Rules, 2004 read with Section 11A (2) of the Central Excise Act, 1944 along with interest.Summary:Issue 1: Waiver of Cenvat credit amountThe applicant filed an application for waiver of Cenvat credit amount of &8377; 71,45,447/- imposed u/r 14 of the Cenvat Credit Rules, 2004 read with Section 11A (2) of the Central Excise Act, 1944 along with interest. The Ld. A.R. for the Revenue reiterated the findings of the Ld. adjudicating authority. The Tribunal, after hearing both sides and perusing the records, noted that the demand was beyond the normal period of limitation. The Tribunal has consistently allowed petitions unconditionally in cases where the demand is for an extended period of limitation and the issue involved is availment of cenvat credit on specific items. In this case, the applicant was directed to make a pre-deposit of 25% of the Cenvat Credit amount within eight weeks. Upon compliance, the balance amount of dues adjudged would be waived, and recovery stayed during the appeal's pendency.Conclusion:The Tribunal directed the applicant to make a pre-deposit of 25% of the Cenvat Credit amount within eight weeks and report compliance by a specified date. Upon compliance, the balance amount of dues adjudged would be waived, and recovery stayed during the appeal's pendency.