TMI Blog1997 (5) TMI 209X X X X Extracts X X X X X X X X Extracts X X X X ..... is a stay application filed with reference to the order-in-appeal dated 22-12-1995 passed by Commissioner (Appeals), New Delhi. 2. Learned counsel stated that in this case, the appellants are engaged in the manufacture of hand tools and they had filed a Modvat declaration under Rule 57G for F.T. Sheetings etc. which were used by them as packing material. 3. They were availing benefit on this b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 30-4-1987 continued to cover the items because the basic material was the same and only it was being supplied during the relevant period in different forms; and as soon as they became aware that the heading has changed, they had informed the A.C. That apart, in any case, the A.C. had power of condoning the delay in filing the declaration. 6. There is no dispute that the duty-paid material wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nancial difficulties and the payment of the amount would cause undue hardship and in any case, there was no cause for imposition of penalty. 9. Learned DR opposed the prayer. He drew attention to the order of the adjudicating authority and the finding to the effect that F.T. Sheetings were cotton coated fabrics classifiable under different heading than F.T. Rolls etc. which were different articl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sick unit. 12. Looking to the totality of facts and circumstances and financial position, I grant waiver of pre-deposit of the amount in question (including duty and penalty) subject to the appellants depositing Rs. 20,000/- (Rupees twenty thousand only) within eight weeks from receipt of this order failing which their appeal will be liable to be dismissed without further notice. The appellants ..... X X X X Extracts X X X X X X X X Extracts X X X X
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