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2006 (7) TMI 454 - CESTAT, NEW DELHIExtract: ....... the utilization of Basic Excise duty for payment of Education CESS. The issue involved in this case is purely a question of law. Hence, to my mind the applicants have made out prima facie case for the waiver of pre-deposit of duty. Accordingly, recovery thereof is stayed till the disposal of the appeal. (Dictated and pronounced in the Open Court.)
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