https://www.taxtmi.com/caselaws?id=209065 Reversal of Cenvat credit on inputs used in exempted final products was treated as equivalent to no credit having been availed, so the 8% requirement under Rule 6(3)(b) was not attracted for deciding stay and waiver of pre-deposit. On that basis, the assessee was found to have made out a prima facie case for unconditional waiver of pre-deposit. The appellate authority's order dismissing the appeal only for non-compliance with the stay direction, without examining the merits, was set aside. The matter was remanded to the Commissioner (Appeals) for fresh decision on merits without insisting on pre-deposit. en-us Mon, 28 Mar 2011 00:00:00 +0530 Wed, 31 Jul 2013 16:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=209065 Reversal of Cenvat credit on inputs used in exempted final products was treated as equivalent to no credit having been availed, so the 8% requirement under Rule 6(3)(b) was not attracted for deciding stay and waiver of pre-deposit. On that basis, the assessee was found to have made out a prima facie case for unconditional waiver of pre-deposit. The appellate authority's order dismissing the appeal only for non-compliance with the stay direction, without examining the merits, was set aside. The matter was remanded to the Commissioner (Appeals) for fresh decision on merits without insisting on pre-deposit. Case-Laws Central Excise Mon, 28 Mar 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=209065