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<h1>CESTAT waives pre-deposit for aluminum cutting; penalty waived pending appeal</h1> <h3>DEVIDAYAL ALUMINIUM INDUSTRIES (P) LTD. Versus COMMR. OF C. EX., GHAZIABAD</h3> DEVIDAYAL ALUMINIUM INDUSTRIES (P) LTD. Versus COMMR. OF C. EX., GHAZIABAD - 2004 (176) E.L.T. 791 (Tri. - Del.) The Appellate Tribunal CESTAT, New Delhi allowed the application for waiver of pre-deposit of Rs. 10,196/- and penalty of equal amount. The applicants' activity of cutting and slitting of aluminum sheet coils into strips was deemed not to amount to manufacture. The pre-deposit of duty and penalty was waived, and recovery was stayed until the appeal's disposal. The appeal was scheduled for hearing on 6-10-2004.