ORDER
K.D. Mankar, Member (T)
1. The learned Consultant has produced a copy of the certificate from the office of the Income Tax Officer, Ward 1(3), Surat No. Nil dated 20-5-2003. In the said certificate, it has been intimated that M/s. Meera Synthetics Pvt. Ltd. have claimed the depreciation after deduction of total Mod-vat of Rs. 5,02,033/-. In terms of this certificate, it is pleaded that, they have a prima facie case to claim Modvat of the said amount on the capital goods in question and hence their request for waiver of pre-deposit and grant of stay may be considered favourably. The learned D.R. pleads that the matter be decided on merits.
2. Heard both the sides. In terms of certificate from Income-Tax Officer, a prima facie case has been made out by the appellants to waive the pre-deposit and grant of stay. The Stay petition is accordingly allowed, pre-deposit waived and the matter is posted for regular hearing on 22-10-2003.