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2014 (7) TMI 927 - HC - Central ExciseWaiver of pre-deposit - Tribunal came to the conclusion that there was no evidence to prove the nexus of services with manufacturing activities of the Appellant/ Assessee. - Held that:- Tribunal has given some conclusive opinion on merits of the Appeal that we are of the opinion that once there was an arguable case, then, the rights and equities could have been balanced. The approach which preserves the right of appeal, so also, protects the interest of the Revenue could have been adopted. Appeal allowed by modifying the order of the Tribunal. The Appellant/ Assessee, therefore, would not be required to deposit a sum of ₹ 3.83 crores in cash. However, the Appellant/ Assessee shall deposit a sum of ₹ 1.25 crores in cash and furnish a bank guarantee of any nationalized bank for the balance sum, to the satisfaction of the Commissioner. - Decided partly in favor of assessee.
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