2004 (12) TMI 194

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.... [Order per : Moheb Ali M., Member (T)]. - These applications for waiver of pre-deposit of duty and stay recovery thereof arose out of the order of Commissioner of Central Excise (Appeals). In the impugned order, the Commissioner (Appeals) confirmed the orders of the lower authority who demanded Rs. 55,26,242/- being the Modvat credit taken on the capital goods which were subsequently destroyed....

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.... did not envisage reversal of credit taken in such an eventuality. Prima facie it appears that the demand for reversal of credit on inputs and capital goods is not covered by modvat. In view of this, we are of the opinion that the applicants made out a strong prima facie case in their favour warranting waiver of pre-deposit of duty and stay recovery thereof during the currency of these appeals. We....