9911796707
TMI Blog2000 (6) TMI 302X X X X Extracts X X X X X X X X Extracts X X X X ..... initiating the recovery proceedings pending disposal of the appeal. 2. The grounds on which the relief sought for is that the applicants manufacture rayon nylon yarn and various chemicals by utilising the various inputs considered in the orders of the lower authorities on which they have availed the Modvat credit, which are capital goods. There was a confusion throughout in that regard both in the department and the industry, which are now made clear by the various Tribunal decision regarding the allowing of the Modvat credit under Rule 57Q irrespective of the chapter headings. The instant items are very much connected with the integrated manufacturing process within the factory premises and the availment of Modvat credit in that regard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the ld. Commissioner (Appeals) granted partial stay on pre-deposition of the duty under exhibits B1 B2 and decided the appeal. As per exhibits B1 B2 a stay order is passed granting cent percent waiver of the pre-deposit of duty in excess of Rs. 10 lakhs and the penalty, and the applicants were directed to pre-deposit the said Rs. 10 lakhs within 15 days from the date of the receipt of the order, and report complianced. Further it is seen under exhibit B2 that the applicants have made a consolidated debit entry from RG 23C part II (Rayon) of Rs 10 lakhs on 19-2-98 and of Rs. 5 lakhs on 9-3-98. In EA 3 under column 9 duty of Rs. 2,14,139/- and penalty of Rs. 2000/- as per column 8A clauses (iii) (iv) is not deposited and this stay a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the inputs Spirax ball float compressed air trap, SS Bushing, Energy saving device, Aquarius PH/Redox analyser, VCG grade cement, flame proof air circulator, transformer oil air circulator, 250 W HPMV safety well glass, spare impeller for XE-9 fans and water meter. For the input Spares for flame failure unit amplifier firetron cell, ruling in 2000 (116) E.L.T. 170 covers for the eligibility of Modvat credit. Taking into consideration the submission of both sides, the applicant is required to make a pre-deposit of Rs. 30,000/- in view of the fact, as observed above, the matter is arguable regarding the availment of the Modvat credit on the above inputs, i.e. capital goods. 5. The financial hardship as tried to be made out in the stay appl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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