1997 (6) TMI 203

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....lant. Shri Gurdeep Singh, JDR, for the Respondent. [Order per : K.S. Venkataramani, Member (T)]. - The application is for waiver of pre-deposit of Rs. 51,48,925/- and of the penalty of Rs. 30,00,000/-. The amount is being sought to be recovered from the applicants as capital goods Modvat credit wrongly availed of by them under Rule 57Q. The Commissioner has in the impugned order taken a v....

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....erials are used in structures which are in the nature of immovable property, the question of availing Modvat credit on inputs would not arise. 4. We have carefully considered the submissions. The issue is very much arguable and we are not satisfied that this is a fit case for dispensing with the pre-deposit. Therefore, in terms of Section 35F of the Central Excise Act, 1944, we direct that....