Rine Machine Tools Vs. Cce Chandigarh - Court Judgment

Excerpt:

1. this application is for waiver of pre-deposit of duty and has arisen in an appeal involving modvat credit issues. for the purpose of consideration of the prayer for waiver of pre-deposit of the duty, this application must wait for the decision of the larger bench on the issue of maintainability of appeals of the above kind, referred this bench from the case of kissan sehkari chinni mills ltd. however, the prayer for stay of recovery will be considered at this stage in the interest of justice. accordingly, there will be an interim stay of recovery of the duty amount till final disposal of the application. the application is posted to 7.8.2001.2. since there is no representation for the applicants today, notice must issue.

Judgment:

1. This application is for waiver of pre-deposit of duty and has arisen in an appeal involving modvat credit issues. For the purpose of consideration of the prayer for waiver of pre-deposit of the duty, this application must wait for the decision of the Larger Bench on the issue of maintainability of appeals of the above kind, referred this Bench from the case of Kissan Sehkari Chinni Mills Ltd. However, the prayer for stay of recovery will be considered at this stage in the interest of justice. Accordingly, there will be an Interim stay of recovery of the duty amount till final disposal of the application. The application is posted to 7.8.2001.

2. Since there is no representation for the applicants today, notice must issue.