2001 (10) TMI 602

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..... t. [Order]. - This application is for waiver of pre-deposit of an amount of duty of Rs. 3,43,161/- and an amount of penalty of Rs. 50,000/-, and for stay of recovery thereof. 2. Examined the records and heard both sides. The applicants had taken Modvat credit of Rs. 3,43,161/- on four items viz. flat grinding machine, wire grinding machine, fibre glass insulation and HDPE card cans, trea .....

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..... he goods given in the reply to the show cause notice. No reason whatsoever has also been stated for upholding the penalty to the extent of Rs. 50,000/-. Ld. Counsel submits that the applicants have a strong prima facie case for the present purpose. Ld. JDR, Shri V.K. Verma, on the other hand, submits that the adjudicating authority considered the submissions of the party, discussed the use of the .....

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..... machines were also used for repairs and hence not eligible for such credit. Prima facie, I accept the submissions of the Counsel. As regards fibre glass insulation, ld. Counsel has placed reliance on decisions of the Tribunal in cases, wherein identical items used by similar manufacturers (Spinning and Weaving mills) were considered by the Tribunal and held to be eligible capital goods for Modvat .....

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