2003 (9) TMI 438

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ri P.M. Rao, JDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. These are two applications for waiver of pre-deposit of Modvat credit of duty and penalties as under :- Modvat Credit Penalty (1) Hotline Wittis Display Devices Ltd. Rs. 27,43,296/- Rs. 27,43,296/- (2) L.G. Hotline CPT Ltd. Rs. 27,43,296/- 2. S .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... that Appellants No. 2 ought to have paid Excise duty on the higher value since the process of yamming i.e. fitting of deflection yoke in the picture tube, brings into existence a complete picture tube. He, further, submitted that in view of the fact that picture tubes has been received by Applicant No. 1 and though they had paid more amount to Applicant No. 2 they have taken the Modvat credit of t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s Applicant No. 1 has received a new product colour picture tubes along with deflection yoke; that this fact was not reflected in the documents submitted by them and the said fact came to the notice of the department only when the Asstt. Commissioner, Gwalior informed Dy. Commissioner, Noida about the same. 4. We have considered the submissions of both the sides. Prima facie there is substantial .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X