https://www.taxtmi.com/caselaws?id=88374 Pre-deposit of duty and penalty may be dispensed with where part of the Modvat credit demand is arguable on the facts and substantial hardship is shown. The analysis notes that one set of credits related to inputs kept at another unit, with no allegation that those goods were used or diverted there, making that demand debatable; the diversion-related credit issue was not disputed. Because the applicants had already deposited a significant amount during investigation, the remaining pre-deposit was waived and recovery was stayed pending the appeals, while the earlier deposit was retained. en-us Fri, 20 Mar 1998 00:00:00 +0530 Sat, 17 Sep 2011 14:38:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=88374 Pre-deposit of duty and penalty may be dispensed with where part of the Modvat credit demand is arguable on the facts and substantial hardship is shown. The analysis notes that one set of credits related to inputs kept at another unit, with no allegation that those goods were used or diverted there, making that demand debatable; the diversion-related credit issue was not disputed. Because the applicants had already deposited a significant amount during investigation, the remaining pre-deposit was waived and recovery was stayed pending the appeals, while the earlier deposit was retained. Case-Laws Central Excise Fri, 20 Mar 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=88374