2013 (10) TMI 1142

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....R.) ORDER Per Dr. D. M. Misra : This is an application for waiver of predeposit of cenvat credit of Rs.11.18 lakhs and equal amount of penalty imposed under Rule 15 (1) of Cenvat Credit Rules, 2004. 2. At the outset, the ld. Advocate. appearing for the applicant, has submitted that the issue involved in the present case relates to availment of cenvat credit on the items, like, H.R. Plates, Joi....

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.... In his rejoinder, the ld. Advocate for the applicant has submitted that they have already deposited an amount of Rs.5.61 lakhs against the total initial demand of Rs.16.80 lakhs. It is his submission that the said amount reversed related to cenvat credit availed on structures. 5. Heard both sides and perused the records. We find that the present issue relates to eligibility of cenvat credit on t....

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.... find that the issue involved in the present case, relates to interpretation of eligibility of cenvat credit on angles, channels, beams etc. as capital goods/inputs and the applicability of the Larger Bench decision of this Tribunal in the case of Bandana Global Ltd. Vs. CCEx., Raipur reported in 2010 (253) ELT 440 (Tri-LB). This Tribunal has been taking a consistant view by allowing the stay peti....