1999 (2) TMI 619

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..... the respondent. 2.The petitioner availed Modvat credit in view of the provisions contained in the Central Excise Act and the Rules framed thereunder. The said credit was however disallowed by the Assistant Commissioner (Central Excise) after serving notice upon the petitioner and hearing him. An appeal was preferred against the order of the Assistant Commissioner in which an application for waiv .....

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..... iness and sale of the petitioner. The learned Commissioner (Appeals) allowed 50% waiver by observing that considering the financial difficulty the appellants are directed to deposit 50% of the amount and Rs. 50,000/- towards penalty imposed. Learned Standing Counsel submits that this is enough to show that the documents were considered. 4.Having heard learned Counsel for the parties, I am of the .....

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..... after objectively considering the material produced by the petitioner. 6.In view of the foregoing discussions, the petition is finally disposed of with a direction to the appellate authority to decide the question of waiver of the condition of pre-deposit after considering the material produced by the petitioner objectively. Let a copy of this order be supplied to the petitioner's counsel on p .....

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