2012 (7) TMI 2

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....bsp; This Stay Petition is filed for waiver of pre-deposit of penalties imposed by the adjudicating authority and upheld by the first appellate authority.   2. After considering the submissions made by both sides for some time on the Stay Petition, we find that the appeal itself can be disposed and hence after allowing the Stay Petition, we take up the appeal for disposal.   3. Heard ....

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.... malafide in availing the ineligible excess credit. On perusal of the Show Cause Notice, we find that the Show Cause Notice only alleges the violation of provisions of Rule 14 of CENVAT Credit Rules, 2004 read with Section 11AB of Finance Act, 1994. The said Show Cause Notice does not allege any malafide on the appellant for availment of excess credit. In our view, having reversed the ineligibly a....