https://www.taxtmi.com/caselaws?id=43726 A sum deposited only to comply with a conditional stay order pending appeal remains a pre-deposit and not payment of duty. On that basis, the buyer could not claim MODVAT credit under Rule 57E, because the deposit did not acquire the legal character of duty merely through departmental accounting treatment. The authorities cited by the assessee were distinguished on facts, and the court accepted that the amount would be refundable if the appeal succeeded. The assessee was therefore not entitled to a certificate under Rule 57E, and the respondents were required only to acknowledge the amount as a deposit towards duty. en-us Fri, 19 Nov 1993 00:00:00 +0530 Sat, 19 Jun 2010 16:44:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=43726 A sum deposited only to comply with a conditional stay order pending appeal remains a pre-deposit and not payment of duty. On that basis, the buyer could not claim MODVAT credit under Rule 57E, because the deposit did not acquire the legal character of duty merely through departmental accounting treatment. The authorities cited by the assessee were distinguished on facts, and the court accepted that the amount would be refundable if the appeal succeeded. The assessee was therefore not entitled to a certificate under Rule 57E, and the respondents were required only to acknowledge the amount as a deposit towards duty. Case-Laws Central Excise Fri, 19 Nov 1993 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=43726