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<h1>Appellate Tribunal directs pre-deposit for duty & penalty with recovery stayed.</h1> <h3>TORRENT GUJARAT BIO-TECH. LTD. Versus COMMISSIONER OF C. EX., VADODARA</h3> TORRENT GUJARAT BIO-TECH. LTD. Versus COMMISSIONER OF C. EX., VADODARA - 1999 (113) E.L.T. 305 (Tribunal) The Appellate Tribunal CEGAT, Mumbai heard two applications against orders disallowing Modvat credit on capital goods. The Commissioner denied credit on various items, stating they were not capital goods under Rule 57Q. The Tribunal found the issue arguable and directed the applicants to pre-deposit Rs. 50 lakhs by January 31, 1997. Compliance would result in dispensing with the balance duty and penalty, with recovery stayed. Compliance to be ascertained by February 2, 1997.