2004 (11) TMI 338

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..... a, SDR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. When the matter came up for consideration of the stay application, we heard both the sides at length. It is found that the appellant has a strong prima facie case for waiver and accordingly, the requirement of pre-deposit is waived and the appeal itself is taken up for disposal. 2. The dispute relates to Modvat credit o .....

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..... s. We find merit in the appellants contention. There is no substance in the dispute raised. The credit was available in respect of the machines and parts in question. It was also taken in accordance with the Rules after installation of the machinery. The denial of credit was quite unjustified. In the result, the impugned order is set aside and the appeal is allowed with consequential relief, if a .....

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