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TMI Blog2000 (11) TMI 432X X X X Extracts X X X X X X X X Extracts X X X X ..... t stay petition seeks waiver of pre-deposit of the Modvat credit of Rs. 1,23,037/- disallowed and penalty of Rs. 1,000/- imposed on the applicant/appellant. 2. Shri J.P. Khaitan, learned Advocate appearing for the applicant/appellant submits that out of the confirmed duty demand of Rs. 1,23,037/- a sum of Rs. 1,05,640/- is in respect of the item Proximitor falling under sub-heading No. 9033.00. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... L Boiler. He submits that the Commissioner (Appeals) wrongly considered the Cage Assembly as falling under heading No. 84.74 and held that heading was not admissible since the said heading was excluded from the coverage of the capital goods. The Commissioner (Appeals) failed to appreciate that the Cage Assembly was required to be considered as component/accessory of the Boiler which fell under Hea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r because the appellant/applicant all along acted bona fide in the matter and was not guilty or of contumacious conduct and wilful disregard of any statutory provisions. He pleads that pre-deposit of the said duty and penalty would cause undue hardship and irrepairable loss to the applicant/appellant. He, therefore, prays for dispensing with the requirement of pre-deposit of the said disputed duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e above, I am convinced that the learned Advocate has made a strong case in favour of the appellant for grant of stay and waiver of the condition of pre-deposit. Accordingly, I dispense with the condition of pre-deposit of the entire duty and penalty. During the pendency of the appeal the said duty and penalty shall not be recovered. 5. The Stay petition is thus allowed unconditionally. - - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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