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TMI Blog2006 (1) TMI 382X X X X Extracts X X X X X X X X Extracts X X X X ..... dent. [Order per : S.L. Peeran, Member (J) (Oral)]. For the purpose of hearing, the appellant is required to pre-deposit Rs. 16,15,98,728/-. They had been supplying raw materials to their job workers for manufacture of garments after availing Cenvat credit. The job workers has manufactured the garments on job work charges and has returned the same to the appellant after fixing the brand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The learned Counsel also submits that the appellants are facing severe financial hardship. He produced the balance sheet to show that there is a loss of Rs. 13 crores. He further relies on the judgment of this Bench rendered in the case of Rado Types Ltd. v. CCE reported in 2004 (174) E.L.T. 218 wherein a similar circumstance, the transfer of goods by the dealer to the job worker has been consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efinition would not change in an instance of sale or purchase and it remains the same and what is applicable for Modvat credit would also be the goods in question. He submits that full wavier be granted otherwise they would be put to severe financial hardship in the matter. 3. The learned SDR submits that the Revenue has got a very good case on merits. The appellant should be put to terms to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rest and also in the interest of justice, we direct the appellant to furnish the Bank Guarantee to the extent of Rs. 1 crore (Rupees One crore only) to the Commissioner within a period of one month from today. The matter to come up to report compliance on 23rd February, 2006. On such furnishing of the Bank Guarantee by the appellant, the appeal would come up for hearing on 2nd March, 2006. The Rev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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