2010 (9) TMI 259

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..... aring both the sides we find that Commissioner (Appeals) has dismissed the appeal for non compliance with the stay order passed by him vide which the appellant was directed to deposit an amount of Rs.25 lakhs against confirmed duty of Rs.39,63,718/-. The said duty stands confirmed against the appellant by denying them the benefit of modvat credit in respect of capital goods on the ground that they .....

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..... tax authorities. If that be so, the appellant has a good case in view of the various precedent decisions of the Tribunal and the appellant s appeal is liable to be heard without insistence on any pre-deposits. 4. In view of the above, the stay petition is disposed off (the appellant have already deposited an amount of Rs.2 lakhs), the impugned order is set aside and matter remanded to Commissione .....

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