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2015 (7) TMI 971 - HC - Central ExciseWaiver of pre deposit - Misdeclaration of goods - Misdeclaration of value of goods - Wrongful availment of MODVAT Credit - Held that:- The Tribunal has examined whether the appellant had a strong prima facie case that would result in its exoneration from the imposition of duty. In this connection, the Tribunal has recorded a finding against the appellant on each of the three components of duty/modvat credit. In respect of the goods cleared by the appellant as OAS Billets during the relevant period from 5 August 1993 to February 1994 and thereafter from March 1994 upto July 1994, the Tribunal has concluded from the test reports of the samples drawn during this period that the goods that were cleared were SS billets and not OAS billets. In respect of the Modvat Credit, the Tribunal has observed that the appellant was unable to make out a prima facie case. The Tribunal, therefore, concluded that the appellant had failed to make out a case for total waiver of pre-deposit. - The effect of the application filed by the appellant before the BIFR was also examined. The Tribunal, after taking notice of the statement of learned counsel for the appellant that the application filed before the BIFR had subsequently been dismissed, concluded that this was also a reason for imposing the condition for safeguarding the interest of the Revenue. - no good reason to interfere with the direction issued by the Tribunal - Decided against Assessee.
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