2001 (2) TMI 378

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..... he prayer in the present Stay Petition is for dispensing with the condition of pre-deposit of duty of Rs. 8876/- confirmed and penalty of Rs. 1,000/- imposed on the applicants/appellants vide Order-in-Original No. 6/ Demand/99, dated 25-2-1999 of Assistant Commissioner of Central Excise, Dum Dum Division, which was upheld vide Order-in-Appeal No. 128/Cal.III/99, dated 23-5-2000 of Commissioner of .....

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..... is permissible to take the defective goods for reprocessing and as such it cannot be said that the said Printing Ink was taken for captive consumption. They further contend that there is no embargo on the Modvat credit earned on any final product even when the inputs in question have been used or not. 3. Shri P.C. Das, ld. Advocate appearing for the applicants/ appellants, while reiterating the .....

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..... ordance with law. 5. After hearing both sides and on a careful perusal of the evidence on record, I am of the prima facie view that the applicants/appellants have made out a strong case in their favour for grant of stay and waiver of the condition of pre-deposit of duty and penalty. Ordered accordingly. 6. In the result, the Stay Petition is allowed unconditionally. Matter to come up for heari .....

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