ORDER
P.G. Chacko, Member (J)
1. This application seeks waiver of pre-deposit and stay of recovery in respect of an amount of CVD of Rs. 2,91,395/-. The lower authorities have disallowed CENVAT credit of the above CVD to the appellants on the ground that Rule 57E certificates issued by the Customs authorities were not admissible duty-paying documents for CENVAT credit purpose for want of any provision analogous to Rule 57F in the CENVAT Credit Rules. After examining the records and hearing both sides, we find that there is no dispute of the above CVD having been paid on the imported components or of such components having been utilised by the assessee. The only reason stated for not accepting the above certificates or the Customs authorities is that Rule 57E, whereunder the said certificates were issued was not in the statute book during the relevant period. No analogous provision was discernible in the CENVAT Credit Rules either. Ld. Consultant for the appellants has got over this situation by citing decisions of the Tribunal allowing CENVAT credit in similar situations. Prima facie, we also do not find any justification for denial of the substantive benefit of Modvat credit to the appellants when they have fulfilled the substantive requirements of such credit. In the circumstances, waiver and stay are allowed in respect of the above amount as prayed for.