2012 (7) TMI 813

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....T. Gurshani, Advocate, for the Respondent. ORDER This Stay Petition is filed for waiver of pre-deposit of duty of Rs. 96,14,116/- along with interest and equivalent amount of penalty imposed on the appellant. 2. The above said amounts have been confirmed and penalties imposed by the adjudicating authority on the ground that the appellants had written off the inputs which were purchased in....

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....ue fully and only had partially written off the value. It is also his submission that such written off inputs were, in some cases, used by appellants in production of writing back the stock. Hence, it is his claim that the said goods cannot be considered as obsolete or unserviceable. 6. Ld. D.R. would draw my attention to the findings of the adjudicating authority and submit that it is the appe....

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....se, inasmuch as the appellant has not fully written off the value of such inputs which were obsolete or unserviceable. The amended sub-rule (5B) of Rule 3 of Cenvat Credit Rules, 2004 came into statute on 1-3-2011. The period involved in this case being prior to that, we are of the considered view that on this point itself, the appellant has made out a prima facie case for the waiver of pre-deposi....