https://www.taxtmi.com/caselaws?id=242740 In a waiver and stay application concerning denial of CENVAT credit on a diesel locomotive and its spares, the Tribunal found no clear prima facie case that the goods qualified as capital goods or as an accessory to identified capital goods. The appellant's reliance on the packing plant as a group of machinery, and on Chapter 84 classification, did not establish eligibility for credit, and the lower authority's finding remained unrebutted. As the appellant also did not plead limitation or financial hardship, the Tribunal required a substantial pre-deposit before granting partial stay. Interim relief was therefore allowed only on compliance with the pre-deposit condition, with waiver and stay granted for the balance dues. en-us Mon, 04 Mar 2013 00:00:00 +0530 Mon, 20 Jan 2014 06:01:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=242740 In a waiver and stay application concerning denial of CENVAT credit on a diesel locomotive and its spares, the Tribunal found no clear prima facie case that the goods qualified as capital goods or as an accessory to identified capital goods. The appellant's reliance on the packing plant as a group of machinery, and on Chapter 84 classification, did not establish eligibility for credit, and the lower authority's finding remained unrebutted. As the appellant also did not plead limitation or financial hardship, the Tribunal required a substantial pre-deposit before granting partial stay. Interim relief was therefore allowed only on compliance with the pre-deposit condition, with waiver and stay granted for the balance dues. Case-Laws Central Excise Mon, 04 Mar 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=242740