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2010 (10) TMI 596 - CESTAT, BANGALOREDemand - Application for stay - Time barred - suppression empowers the Department to invoke extended period of limitation but, at the same time, it is settled law that such power is not to be arbitrarily exercised - As far as the amount subsequent to August, 2004 is concerned, we do not find any prima facie case having been made out except that the appellant would be entitled for credit to the tune of Rs. 2,21,015 - the application is partly allowed and the appellants are directed to deposit a sum of Rs. 6,18,018 + Rs. 11,611/- deducting therefrom Rs. 2,21,015
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