https://www.taxtmi.com/caselaws?id=95113 A stay petition concerning Modvat credit and penalty was allowed on a prima facie basis after the amendment to Rule 57Q was treated as clarificatory. The disputed Proximitor was regarded as an integral part of the Caliper Sensor in the A.B.B. Cross Direction Basis Weight Control system and, therefore, as capital goods. On that footing, the Tribunal considered the assessee to have made out a strong prima facie case and dispensed with pre-deposit of the duty and penalty pending the appeal, with recovery stayed during the appeal period. en-us Wed, 22 Nov 2000 00:00:00 +0530 Thu, 08 Dec 2011 10:18:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=95113 A stay petition concerning Modvat credit and penalty was allowed on a prima facie basis after the amendment to Rule 57Q was treated as clarificatory. The disputed Proximitor was regarded as an integral part of the Caliper Sensor in the A.B.B. Cross Direction Basis Weight Control system and, therefore, as capital goods. On that footing, the Tribunal considered the assessee to have made out a strong prima facie case and dispensed with pre-deposit of the duty and penalty pending the appeal, with recovery stayed during the appeal period. Case-Laws Central Excise Wed, 22 Nov 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=95113