1998 (4) TMI 333

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..... , Member (T)]. Ld. Consultant, Shri B.N. Chattopadhyay prays for waiver of pre-deposit and stay of recovery of Rs. 75,40,634/- demanded by way of reversal of Modvat credit on the ground that receipt of the MS sheets was not covered by invoices issued under Rule 52A. The goods were received according to the department by several trucks. The original invoice issued by Bokaro Steel Plant in the .....

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..... factory does not require the re-issuing of an invoice for the purpose of taking the Modvat credit. He, therefore, submits that the impugned order is not correct in law and on facts. There is no separate procedure prescribed by the Board of this purpose. Hence no violation was taken place. He, therefore, prays for allowing the Stay Petition un-conditionally. 2. Opposing the contention, ld. JDR, S .....

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..... his connection. The procedure referred to by the Commissioner in the impugned order does not apply to such situation. We are, therefore, of the view that the appellants have a good prima facie case in their favour. Consequently, we allow the stay petition un-conditionally i.e. the demand of Rs. 75,40,634/- and of penalty of Rs. 10,000/- is waived and recovery thereof [stated] during the pendency o .....

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