9911796707
TMI Blog2003 (10) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... N.L. Bhutalia, SDR, for the Respondent. [Order]. - Heard. 2. The appellants have sought waiver of the pre-deposit of the duty amount of Rs. 1,21,033.40 and penalty of Rs. 20,000/- which has been confirmed against them by disallowing the Modvat credit on the PFAFF Industrial Sewing Machines and spare parts as capital goods on the ground that the declaration filed was not proper and that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the first appellate authority took the plea that the credit has been taken by them after the installation of the goods, in April, 2000. It is the first time that this fact has been so alleged by them. The argument of the learned Counsel that it is a legal plea and can be taken before the Tribunal for the first time, cannot be accepted as it is a question of fact as to when the installation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tire penalty amount shall stand waived and recovery stayed till the disposal of the appeal. However, it is made clear that if the terms of this stay order are not complied with within the stipulated period, then the appeal shall become liable to be dismissed under Section 35F of the Act without any further reference to them. 4. To come up for reporting compliance and further orders on 15th D ..... X X X X Extracts X X X X X X X X Extracts X X X X
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