9911796707
TMI Blog2000 (11) TMI 454X X X X Extracts X X X X X X X X Extracts X X X X ..... s. [Order]. - The applicants filed this application for waiver of pre-deposit of duty of Rs. 2,54,270/- and penalty of Rs. 18,000/-. In this case, the benefit of Modvat credit in respect of finger tips is denied under Rule 57A of the Central Excise Rules. 2. Ld. Counsel, appearing on behalf of the applicants, submits that the applicants are engaged in the manufacture of electron guns, whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue v. Phelps & Co. (P) Ltd. (S.C.) reported in (1972) 29 STC 101. He submits that in this case the Hon'ble Supreme Court held that gloves are used by the workers in hot jobs and in handling corrosive substances. He, therefore, prays that the application be allowed. 3. Ld. D.R., appearing on behalf of the revenue, submits that the applicants claimed the benefit of Modvat credit on the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pital goods. The case of the applicants is arguable. Prima facie, it is not a fit case for total waiver of duty and penalty. Taking into consideration the facts and circumstances of the case, the applicants are directed to deposit a sum of Rs. 50,000/- within a period of six weeks. On deposit of Rs. 50,000/-, the deposit of remaining amount of duty and penalty is waived for hearing of the appeal. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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