2011 (1) TMI 1060

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..... Bench): Demand of Rs.1,70,432/- stands confirmed against the appellant on two grounds. First that the modvat credit in respect of welding electrodes used for repair and maintenance of plant and machinery is not admissible.  Secondly, the  credit in respect of M.S. plates, MS angles  etc. used as supporting structure for a machinery, cannot be held to be admissible modvatable items .....

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..... id as the same amounts contrary to subsequent rulings of the Apex Court in the case of Rajasthan Spg. & Wvg. Mills. 4. For the purpose of stay, I note that both the issues are prima facie covered in favour of the appellants. Accordingly, I dispense with the conditions of pre-deposit of duty and penalty of Rs.20,000/- and allow the stay petition accordingly. (Pronounced in the open Court)
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