MAHALAXMI STEEL ROLLING Vs. CCE, CHANDIGARH

JUDGEMENT

(1.) This application is for waiver of pre -deposit of duty and penalty amounts and for stay of recovery thereof, pending the appeal.

(2.) Heard both sides.

(3.) Ld. Advocate Shri K.K.Anand has, at the outset, brought to my notice the decision of the Tribunal's SRB, Bangalore in the case of Wipro Ltd and Ors Vs CCE, Bangalore -I and Ors. [2001 (43) RLT 317], wherein a batch of appeals involving issues relating to Modvat credits were dismissed as not maintainable. He has also submitted that this Bench doubted the correctness of that decision and referred the question of maintainability of a similar appeal to Larger Bench as per order dated 29.03.2001. According to ld. Counsel, since the issue is before Larger Bench, the applicants in the instant case are entitled to waiver of pre -deposit and stay of recovery, according to the consistent practice of this tribunal. On the other hand, ld. JDR Shri A.K.Jain submits that the present application should wait for a decision of the Larger Bench on the referred issue.