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    <title>2009 (5) TMI 676 - CESTAT, NEW DELHI</title>
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    <description>A strong prima facie case justified waiver of pre-deposit of duty and penalty in an appeal concerning alleged contravention of the Cenvat Credit Rules. The applicants were found eligible to avail credit at the interim stage, and the alleged breach was treated as technical rather than substantive. The original authority had also dropped the demand after examining the facts, which supported interim relief. On that basis, pre-deposit was dispensed with until disposal of the appeal and the stay application was allowed.</description>
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      <description>A strong prima facie case justified waiver of pre-deposit of duty and penalty in an appeal concerning alleged contravention of the Cenvat Credit Rules. The applicants were found eligible to avail credit at the interim stage, and the alleged breach was treated as technical rather than substantive. The original authority had also dropped the demand after examining the facts, which supported interim relief. On that basis, pre-deposit was dispensed with until disposal of the appeal and the stay application was allowed.</description>
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