1996 (4) TMI 237

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....e Appellants. Shri Gurdeep Singh, JDR, for the Respondent. [Order per : R. Jayaraman, Member (T)]. -  For hearing the applicants appeal on merits, they are required to deposit Rs. 1,59,93,755/-. This amount is in respect of Modvat credit taken on Capital Goods under Rule 57Q. The disputed inputs, in respect of which Modvat credit has been denied, are cement and steel structurals. It ....

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....er hearing both the sides, we find that Modvat credit is claimed under Rule 57Q of the Central Excise Rules, 1944, in respect of Portland and white cement and steel structurals which go to make up the foundation for erecting machines on an elevated position. Prima facie we may not be able to agree that either cement or the steel structurals could be construed to be a component part of the machines....

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.... in favour of the revenue. We therefore, direct the applicants to freeze the entire amount in dispute in their RG 23C account without utilisation and report compliance by the last week of May, 1996 failing which their appeal is liable to be rejected. On compliance there shall be stay against recovery and waiver of pre-deposit of the duty amount. 5. It is also pleaded by Shri A. Hidayatulla....