2014 (4) TMI 726

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.... JUDGEMENT Per: G Raghuram: 1. Waiver of pre-deposit and stay of all further proceedings pursuant to the adjudication order dated 20.06.2011 passed by the Commissioner of Customs & Central Excise, Hyderabad III, is the relief prayed for in this application. 2. The adjudication order disallowed availed Cenvat credit of Rs.6,50,81,557/- and ordered recovery of the same and interest at the ....

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.... for construction of civil structures which are embedded into earth and therefore constitute immovable property and therefore do not constitute capital goods or structures, eligible for availment of the credit. 4. While the learned counsel for the petitioner/appellant places reliance on an interim order passed by the High Court of Bombay in Ambuja Cement Ltd Vs CCE & ST reported in 2013 (292) E....

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.... area. 6. In the circumstances, we are not inclined to grant unconditional and total waiver of pre-deposit or unconditional stay of the adjudication order impugned in the appeal. There shall therefore be a waiver of pre-deposit and stay of all proceedings pursuant to the impugned adjudication order, on condition that the petitioner remits to credit to Revenue 50% of the Cenvat credit availed wh....