9911796707
TMI Blog1996 (3) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... rd forthwith. 2. The Commissioner (Appeals) rejected the stay application filed by the petitioner by passing the Order dated 4-1-1996. The question is the petitioner was required to pay an amount of Rs. 23,96,932.14 under Order dated 23-3-1995 passed by Asstt. Collector of Central Excise (Div.) Panaji, Goa under S. 11A of the Central Excises Salt Act, 1944 and Rules framed thereunder. The peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d be secondary packaging material and therefore, would not be entitled for the Modvat credit. Prima facie it is not possible to agree with this, in view of the definition of `value' as contained in S. 4(d) of the Central Excises Salt Act, 1944. In addition Rule 57A has been amended by issuing Notification on 17-11-1995 and in Explanation to Rule 57A in clause (iv) the following is added "(iv) cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch payment is overdue. This position is not disputed. Therefore the petitioner has made out financial hardship suffered by it. In view of this, we pass the following Order :- 5. The impugned Order dated 4th January, 1996 is set aside. 6. The petitioner is permitted to prosecute the appeal without deposit. The learned Advocate for the petitioner states that the petitioner shall give security of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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