https://www.taxtmi.com/caselaws?id=115957 Exemption under Notification No. 5/99-C.E. turned on whether the assessee had availed capital goods credit under Rule 57Q in the relevant manufacturing process. The demand was based solely on the allegation that such credit had been taken in earlier years and used during the dispute period. The Tribunal held it prima facie possible that payment of an amount equivalent to the credit taken had cured the alleged breach of the notification condition, and this showed a strong prima facie case against the demand. On that basis, waiver of pre-deposit and stay of recovery of duty and penalty were granted. en-us Wed, 02 Mar 2005 00:00:00 +0530 Wed, 06 Jun 2012 11:09:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=115957 Exemption under Notification No. 5/99-C.E. turned on whether the assessee had availed capital goods credit under Rule 57Q in the relevant manufacturing process. The demand was based solely on the allegation that such credit had been taken in earlier years and used during the dispute period. The Tribunal held it prima facie possible that payment of an amount equivalent to the credit taken had cured the alleged breach of the notification condition, and this showed a strong prima facie case against the demand. On that basis, waiver of pre-deposit and stay of recovery of duty and penalty were granted. Case-Laws Central Excise Wed, 02 Mar 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=115957