2008 (5) TMI 502

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....es, for the Appellant. Shri R.B. Tiwari, Jt. CDR, for the Respondent. [Order per : M.V. Ravindran, Member (J)]. -  This stay application is directed against the waiver of pre-deposit of the amount of the duty confirmed and the penalty imposed and also liability to pay interest. 2. The issue involved in this case is regarding the reversal of the Cenvat credit availed by the ap....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... wants deny Cenvat credit. It is the submission that the said heading 214 would not be applicable to appellant/applicant herein as they are availing the duty paid of the credit on the inputs and also on the capital goods. It is his submission that the condition No. 53 as attached to this entry No. 214, very clearly indicates that the credit should not have been availed on chassis and not on capita....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ication No. 6/2002 and they would pay ineligible to avail Cenvat credit. He also submits that there has to be some reason under Rule 3 of the Cenvat Credit Rules. 5. Considered the submissions made by both sides and perused the records. It is not disputed that the applicants have availed Cenvat credit on the capital goods and some of the inputs. The condition No. 53 attached to Serial No. ....