1997 (5) TMI 209

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., for the Respondents. [Order]. - This is a stay application filed with reference to the order-in-appeal dated 22-12-1995 passed by Commissioner (Appeals), New Delhi. 2. Learned counsel stated that in this case, the appellants are engaged in the manufacture of hand tools and they had filed a Modvat declaration under Rule 57G for F.T. Sheetings etc. which were used by them as packing ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lants were under the impression that their original declaration filed on 30-4-1987 continued to cover the items because the basic material was the same and only it was being supplied during the relevant period in different forms; and as soon as they became aware that the heading has changed, they had informed the A.C. That apart, in any case, the A.C. had power of condoning the delay in filing the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... four years. 8. It was, therefore, her contention that they are in a serious financial difficulties and the payment of the amount would cause undue hardship and in any case, there was no cause for imposition of penalty. 9. Learned DR opposed the prayer. He drew attention to the order of the adjudicating authority and the finding to the effect that F.T. Sheetings were cotton coated ....