2001 (12) TMI 726

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..... Verma, JDR, for the Respondent. [Order]. -  Arguing the stay petition for waiver of pre-deposit of duty and penalty, Shri J.P. Kaushik, ld. Advocate submits that the duty demanded and confirmed thereof has arisen on account of taking Modvat credit on the strength of an invoice other than duplicate one. He submits that Modvat credit, in the instant case, was taken prior to 19-1-95. He ....

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....e Range Superintendent who certified that Modvat credit was correctly taken was furnished. He submits that having regard to the above submissions not only pre-deposit of duty and penalty may be waived but the appeal itself may be disposed of. 4. I have heard Shri V.K. Verma, ld. DR also. After hearing the submissions of both the sides, I note that the issue on which Modvat credit was denie....

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.... manufacturer who used the inputs for the manufacture of final products. 7. Regarding the challenging of denial of Modvat credit on water meter as capital goods, I note that similar issue came up before the Hon'ble Madras High Court in the case of SIV Industries Limited v. CCE reported in 2001 (129) E.L.T. 48 (Mad.) = 2001 (43) RLT 523 in which the water meter which was used as an accessor....