2014 (4) TMI 501

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....r, Addl. Commissioner (AR) Per: M V Ravindran: These Stay petitions are directed for waiver of pre-deposit of the amount of duty confirmed by the authorities on the ground that the appellant herein had availed excess CENVAT Credit than that is eligible to them on the goods received from 100% EOU who has paid duty under Section 3 of Central Excise Act, 1944. 2. The adjudicating authority h....

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....tification No.23/2003 and submit that they have correctly followed the law. It is his submission that the proviso to sub-rule (7) of Rule 3 of CENVAT Credit Rules, 2004 is always changing depending upon the rate of the Basic Customs Duty and draws our attention specifically to sub-rule as is enshrined in CENVAT Credit Rules, 2004 for the period 2007-2008. He would also submit that an identical iss....

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....case is regarding the correct amount of CENVAT Credit that is available for the appellant to be taken in respect of the goods received from a 100% EOU. We find that the appellant had been doing the calculation based upon the formula which has been mentioned in sub-rule (7) of Rule 3 of CENVAT Credit Rules, 2004 for the period June 2007 to February 2010. Revenue authorities are not convinced with t....

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.... disposal. In view of this, we find that the main appellant-assessee has not made out a prima facie case for complete waiver of pre-deposit of the amount of the duty demanded by the adjudicating authority. 7. Keeping in mind that the issue is contentious one and also considering that more or less an identical issue has been considered by that Bench in the case of Encore Healthcare Pvt. Ltd. (su....