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TMI Blog1998 (2) TMI 381X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : G.N. Srinivasan, Member (J)]. Application has been filed for waiver of pre-deposit of duty of Rs. 10.90 lacs and payment of penalty of Rs. 10.00 lacs. 2. The facts lie in a narrow complex. The appellant is manufacturing parts of air-conditioners falling under Chapter 84 of the Central Excise Tariff Act, 1985. It cleared the same as intermediate product for captive consump ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant and considering the same the adjudicating authority had confirmed the duty and imposed a penalty as mentioned in it. 3. Shri R. Ravindran, the ld. Counsel for the applicant has stated that the applicant had filed a classification list informing about the nature of the activity of the appellant in the captive consumption as well as supply to the 100% Export Oriented Units in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as revealed in service by them. 5. We have considered the rival submissions. The application is only for waiver of pre-deposit of duty. Prima facie we are of the view that the applicant has a strong arguable case. However, taking the totality of the circumstances, we direct the applicant to freeze their Modvat account to the extent of an amount of Rs. 2.50 lacs. On such step being taken, there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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