1996 (5) TMI 189

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..... the Respondents. [Order per : P.K. Desai, Member (J)]. -  For hearing the appellants appeal on merits they are required to deposit a sum of Rs. 1,20,97,078/- towards the duty and Rs. 1,00,000/- towards the penalty. 2. Mr. Willingdon, the ld. Advocate, submits that the applicants are the subsidiary company of M/s. Berger Paints Ltd. at Kalapat, and by virtue thereof, the goods purchase .....

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..... re whatever defect existed as the documents, were duly rectified subsequently, referring to the decision of this Bench in Amal Rasayan Ltd. v. Collector of Central Excise - 1993 (67) E.L.T. 133 (Tribunal) = 1993 (46) ECR 466 (Tribunal). He submits that therefore, subsequent rectification in the documents would be sufficient and the Modvat credit availed of on the documents subsequently rectified, .....

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..... es requiring consideration at the final hearing stage and therefore accepting offer made by the ld. Advocate. We direct the appellant to make a deposit of Rs. 12,00,000/- within a period of 2 months, and report compliance by 9-8-1996. On compliance there shall be stay against recovery and waiver against pre-deposit of the balance of duty and penalty amount on due compliance, the parties will be at .....

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