2003 (10) TMI 468

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..... [Order]. - Through the present stay application, the appellants have sought waiver of the pre-deposit of the duty amount of Rs. 3,83.587/- which has been confirmed against them through the impugned order-in-appeal by the Commissioner (Appeals), by disallowing them Modvat credit on explosives used outside the factory premises. 2. The learned Counsel has contended that the case of the appell .....

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..... t in Jaypee Rewa Cement supra shows that Modvat credit is available to an assessee in respect of the explosives used for the manufacture of intermediate product which product is then used in the manufacture of the final product. But after the amendment which came into effect from 1-7-2000, while defining the expression "input" it has been specified that the same must be used in the factory. The ob .....

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..... fore, keeping in view the facts and circumstances of the case and the issue involved, the appellants are directed to make pre-deposit of Rs. 2 lakhs within 8 weeks from today. On making this deposit, the pre-deposit of the balance duty shall remain waived and recovery stayed during the pendency of the appeal. But failure to comply with the terms of the stay order shall result in dismissal of the a .....

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