2005 (12) TMI 486

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..... SDR, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. After hearing both sides, and considering that the issue involved in this case is the eligibility of Modvat credit availed on goods received back from the customers which were said to be damaged/defective i.e. not as per the specifications ordered. The goods in this case are printed aluminium foils with specific design of th .....

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..... e stage, we find no reason to uphold the reversal of credit as arrived and or demands or penalties as arrived at by the lower authorities, by denying them the benefit of the rules. In this view of the matter, we would order full waiver of the pre-deposit requirement under Section 35F of the Central Excise Act, 1944 and stay recovery thereof pending the appeal. (Pronounced in Court.) - - TaxTM .....

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