ORDER
Jyoti Balasundaram, Member (J)
1. The Revenue seeks stay of operation of the order of the Commissioner of Central Excise (Appeals) who has held that Modvat credit is available on “3D Trilobal Tow Raw White” falling under sub-heading 5501.20 used by the respondents herein in the manufacture of final products.
2. On hearing the learned DR, we find that the lower Appellate Authority has relied upon the case of Raymonds Synthetics Ltd. v. Commissioner of Central Excise, Mumbai reported in 1998 (99) E.L.T. 545 wherein the Tribunal has held that the assessee had declared Synthetic and Polyester fibre of sub-headings 5501.10 and 5501.20 and not of Synthetic and Polyester tops and tows, all the three products namely fibre, tow and tops are classifiable under the same sub-heading and in fact there is no distinction between the tow and fibre and there has been substantial compliance with the requirement of Rule 57G. Prima facie, there is no reason to interfere at this stage and ground made in the application that it will be difficult to recover the amount of credit of total of approximately Rs. 45 lakhs is no ground considering that the respondent is a large assessee paying large amount of Central Excise duty. The stay applications are therefore rejected.