Modvat credit pre-deposit waiver declined, with only partial relief granted pending further proceedings.

In proceedings concerning denial of Modvat credit on a Bill of Entry copy, the CESTAT, New Delhi, declined full waiver of pre-deposit of duty and penalty. The applicant was required to deposit Rs. 15,000 within three weeks, and upon such deposit the balance duty and penalty were waived pending further proceedings. The operative effect was a conditional, partial waiver rather than complete dispensation with pre-deposit.

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Issues: Whether the applicant was entitled to full waiver of pre-deposit of duty and penalty in respect of denial of Modvat credit on a Bill of Entry copy.

Outcome: Full waiver was declined. The applicant was directed to deposit Rs. 15,000 within three weeks, and on such deposit the remaining duty and penalty were waived pending further proceedings.

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