2003 (5) TMI 376

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..... Berve, Advocates, for the Respondent. [Order per : Gowri Shankar, Member (T)]. -  By its order passed on stay application filed by the respondent to this application and others, the Tribunal ordered deposit by it of Rs. 40 lakhs. On 30-9-2002, it accepted compliance. 2. This application by the Commissioner seeks to contend that the applicant has not complied with the Tribunal's order .....

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..... ondition has been laid down by the Tribunal in the stay order under reference. If authority is needed for this purpose, the decision of the Tribunal in Birla Yamaha Ltd v. CCE - 1996 (83) E.L.T. 396 holding that payment can be made debiting to the Modvat account is sufficient. Therefore, the deposit made by the assessee in this case is perfectly valid. 5. Application dismissed.
Case laws .....

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