2004 (12) TMI 418

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..... er per : P.G. Chacko, Member (J) (Oral)]. This application seeks waiver of pre-deposit and stay of recovery in respect of an amount of duty of Rs. 54,48,363/- and an equal amount of penalty. The demand of duty confirmed by the lower authority is on bearings of PD pumps, manufactured by the assessee and captively consumed in the manufacture of such pumps in their factory during the period 2-6 .....

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..... d on the Tribunal s decision in WPIL Ltd. v. CCE., Calcutta-III, 2003 (153) E.L.T. 565 (Tri - Kolkata) wherein Guide Bushes were held not classifiable as bearings and hence eligible for benefit of exemption under Notification No. 95/94-C.E. predecessor to Notification No. 5/98-C.E. involved in the instant case. Ld. Counsel has also submitted that, in a similar situation, full waiver of pre-depos .....

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