1993 (4) TMI 168

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....llants. Shri B.D. Bhagat, JDR., for the Respondents. [Order per: Jyoti Balasundaram, Member (J)]. -  These are applications filed under Section 35F of Central Excises and Salt Act, 1944 for waiver of pre-deposit of Rs. 22,83,788.60 and Rs. 10,93,821.69 respectively representing excess modvat credit allegedly wrongly availed of by the applicants herein on imported insulating paper used in t....

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....valent to the duties of excise to be levied on the goods and, therefore, the excess credit availed of has been rightly denied by the Department. 4. On hearing both sides we are of the view that the applicants have made out a prima facie case for waiver of pre-deposit in view of the judgment of the Hon'ble Supreme Court in the case of Khandelwal Metal and Engineering Works v. Union of India report....