2004 (12) TMI 479

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..... , SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - These applications seek waiver of pre-deposit and stay of recovery in respect of duty and penalty amounts. 2. The first application relates to Modvat credit denied to the appellants in respect of certain components of what is called "co-generation plant", which was used, during the period of dispute, for generating electr .....

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..... ring the case law cited by ld. C.A, we are of the view that the appellants have a prima facie case. There is no dispute of the fact that the co-generation plant was covered by the expression "plant" used in Rule 57Q as the rule stood during the earlier part of the period of dispute. Again, there is no dispute of the fact that the components were actually used for fabrication/assembling of the said .....

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