2004 (11) TMI 461

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..... pondent. [Order]. The stay application arose out of the Order-in-Original passed by the Commissioner of Central Excise Mumbai-IV. 2.Briefly the facts are that the appellants are traders in Readymade Garments. They do not have any factory or any manufacturing activity. They have a godown where the finished goods manufactured by outside manufacturers and subsequently cleared to customer .....

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..... case of M/s. K. Prashant Enterprises v. Commissioner of Central Excise, Mumbai-IV vide a CESTAT Order No. A/540/WZB/2004-C-II, dated 23-7-2004 [2004 (173) E.L.T. 201 (T)]. The appellants have made out a strong prima facie case in their favour. Pre-deposit of duty and penalty waived and recovery thereof stayed during the currency of the appeal. (Operative part pronounced in Court) - - TaxTMI .....

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