2000 (7) TMI 718

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..... pondent. [Order per : P.S. Bajaj, Member (J)]. The appellants have sought through this miscellaneous petition modification of the earlier stay order dated 19-12-1994 vide which they were directed to deposit Rs. 2 lakhs in cash and furnish bank guarantee for the remaining duty amount of Rs. 1,93,580/- but they had deposited only Rs. 30,000/- and furnished the bank guarantee. 2. The waiv .....

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..... ing 87.04 of the CETA. It has not been disputed that the Apex Court in the above referred case relied upon by the Counsel, had taken the view that the classification in respect of the body built on the duty paid chassis, would be under Heading 87.07 of the CETA with the benefit of Notification No. 175/86-CE. Therefore, prima facie the appellants have a strong case in view of the ratio of the law l .....

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..... amount of Rs. 1,70,000/- for the purposes of hearing of the appeal on the condition that they will keep the bank guarantee alive and the detention of their vehicle will also continue till the disposal of the appeal on merits. 7. In the light of the discussion made above, the application of the appellants for waiver of the pre-deposit of the balance amount of Rs. 1,70,000/- is allowed subject to .....

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