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of <h1>CESTAT grants waiver & stay in duty penalty case based on insufficient evidence</h1> <h3>SURAJ LAMPS & INDUSTRIES PVT. LTD. Versus COMMISSIONER OF C. EX., DELHI-IV</h3> SURAJ LAMPS & INDUSTRIES PVT. LTD. Versus COMMISSIONER OF C. EX., DELHI-IV - 2004 (163) E.L.T. 377 (Tri. - Del.) The Appellate Tribunal CESTAT, New Delhi granted waiver of pre-deposit and stay of recovery in a case involving duty of Rs. 1,61,866/- and penalty of Rs. 7,500/- for the period of February and March, 1994. The denial of Modvat credit was based on invoices from a non-existent firm, M/s. Rama Steel Trader, without sufficient evidence. The appeal is scheduled for hearing on 12-12-2003.
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