2000 (11) TMI 432

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....r the Respondent. [Order]. -  The present stay petition seeks waiver of pre-deposit of the Modvat credit of Rs. 1,23,037/- disallowed and penalty of Rs. 1,000/- imposed on the applicant/appellant. 2. Shri J.P. Khaitan, learned Advocate appearing for the applicant/appellant submits that out of the confirmed duty demand of Rs. 1,23,037/- a sum of Rs. 1,05,640/- is in respect of th....

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....ains to "Cage Assembly" - a component for Coal Crusher with IBIL Boiler. He submits that the Commissioner (Appeals) wrongly considered the Cage Assembly as falling under heading No. 84.74 and held that heading was not admissible since the said heading was excluded from the coverage of the capital goods. The Commissioner (Appeals) failed to appreciate that the Cage Assembly was required to be consi....

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....stances existing to justify imposition of any penalty whatsoever because the appellant/applicant all along acted bona fide in the matter and was not guilty or of contumacious conduct and wilful disregard of any statutory provisions. He pleads that pre-deposit of the said duty and penalty would cause undue hardship and irrepairable loss to the applicant/appellant. He, therefore, prays for dispensin....