2005 (3) TMI 618

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....d T.S. Balasubramanyam, for the Appellant. Smt. R. Bhagya Devi, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J) (Oral)]. - This application seeks waiver of pre-deposit and stay of recovery in respect of an amount of duty of about Rs. 3.77 crores and an equal amount of penalty. The demand is consequential to denial, to the assessee, of the benefit of Notification No. 5/99-C.E....

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....he Commissioner for denying the benefit of the Notification is that the appellants had taken Modvat credit to the extent of Rs. 4,16,161/- on capital goods during the year 1997 and 1998, which capital goods were used for the process of manufacture of the subject goods during the period of dispute (Mar. '99 to Sept. '02). It is argued that the aforesaid condition of the Notification cannot be said ....

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.... of an amount equivalent to the capital goods credit in question taken allegedly in violation of the aforesaid condition of the Notification nullified the violation. In this view of the matter, it should be held that the appellants have made out a strong prima facie case against the above demand, which is on the sole ground of the aforesaid condition of the Notification having been violated. Accor....