TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Join Channel
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether the appellant was entitled to CENVAT credit on capital goods installed on an adjacent plot that had merged with the factory, and consequent waiver of pre-deposit and stay of recovery.
Analysis: The capital goods and storage tank were not disputed to have merged with the factory premises. On that basis, the Tribunal formed a prima facie view that the appellant was entitled to CENVAT credit. Since a prima facie case was made out, the requirement of pre-deposit of duty, interest and penalty was dispensed with and recovery was stayed during pendency of the appeal.
Conclusion: The appellant was held entitled to waiver of pre-deposit and stay of recovery on a prima facie assessment of eligibility to CENVAT credit.
TaxTMI 
