https://www.taxtmi.com/caselaws?id=113289 The note addresses interim waiver of pre-deposit in a CESTAT matter concerning two excise exemption questions. For Notification No. 2/95-C.E., the computation issue was already referred to a Larger Bench because conflicting Tribunal views existed, and that conflict itself supported a strong prima facie case for waiver and stay of recovery. For Notification No. 3/2001, covered yarn claimed exemption as air-mingled yarn where the manufacturing condition appeared satisfied; a contemporaneous departmental circular treated nil duty as sufficient for "appropriate duty of excise", and that circular was binding on the Revenue until withdrawn. On both issues, pre-deposit was waived and recovery stayed pending appeal. en-us Fri, 16 Jan 2004 00:00:00 +0530 Fri, 04 May 2012 17:03:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=113289 The note addresses interim waiver of pre-deposit in a CESTAT matter concerning two excise exemption questions. For Notification No. 2/95-C.E., the computation issue was already referred to a Larger Bench because conflicting Tribunal views existed, and that conflict itself supported a strong prima facie case for waiver and stay of recovery. For Notification No. 3/2001, covered yarn claimed exemption as air-mingled yarn where the manufacturing condition appeared satisfied; a contemporaneous departmental circular treated nil duty as sufficient for "appropriate duty of excise", and that circular was binding on the Revenue until withdrawn. On both issues, pre-deposit was waived and recovery stayed pending appeal. Case-Laws Central Excise Fri, 16 Jan 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=113289