Modvat credit on welding inputs faced strict pre-deposit; no financial hardship justified waiver before appeal hearing.

In a stay application concerning denial of Modvat credit on oxygen gas, dissolved acetylene gas and welding electrodes, the Tribunal treated the credit claim as a contentious issue requiring detailed examination at the final hearing. The inputs were stated to be used for cutting and welding structural items and for repair and maintenance of plant and machinery. As no financial hardship was shown to justify complete waiver of pre-deposit, the appellants were directed to deposit the entire confirmed amount as a condition for hearing of the appeal.

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Issues: Whether, in a stay application arising from denial of Modvat credit on oxygen gas, dissolved acetylene gas and welding electrodes, the appellants were entitled to waiver of pre-deposit.

Analysis: The dispute involved credit on inputs said to be used for cutting and welding of structural items and for repair and maintenance of plant and machinery. The issue was treated as contentious in view of the authorities cited and the Tribunal's earlier view that similar credit questions required detailed examination at the final hearing. No financial hardship was shown to justify complete waiver of deposit.

Conclusion: The appellants were directed to deposit the entire confirmed amount as a condition for hearing of the appeal.

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