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2014 (4) TMI 1090 - CALCUTTA HIGH COURTValidity of stay order of the tribunal - tribunal asked the petitioner of make pre-deposit of 25% without considering the prima facie case - Canvat Credit - credit of duty paid on angles, channels, etc. - denial of credit since they were neither defined as capital goods under rule nor as inputs under rule of the Cenvat Credit Rules, 2004 - Held that:- In the instant case, as observed above, the learned Tribunal has recorded the submissions made on behalf of the petitioner but not given its findings thereon. Furthermore the impugned order does not disclose why the petitioner was required to deposit only 25%. The learned Tribunal could have waived pre-deposit of disputed duty or penalty in part if it were satisfied that the deposit of the entire duty or penalty would cause financial hardship but not partial deposit or alternatively if the Tribunal were of the prima facie view that the disputed duty and/or penalty might only be partly sustainable. In the instant case the impugned order does not indicate how much of the disputed duty is prima facie sustainable, and how much is not. The impugned order is set aside. The Tribunal shall consider the question of waiver of pre-deposit a fresh in accordance with law - Matter remanded back.
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