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2011 (7) TMI 829 - CESTAT, MUMBAIWaiver of pre-deposit - Application for stay - Clandestine removal - Suppression of facts - Held that: the modus operandi adopted by the assessee for the period of dispute is materially the same as what they adopted in the past and considered by the Tribunal in stay order dated 28/02/2011 - Tribunal's stay order dated 28/02/2011 can be followed as a precedent in the present case also - Decided in favor of the assessee by way of directing to deposit 50% whether they should be asked to make any pre-deposit towards the penalty imposed on them under Rule 25 - Held that: assessee should pre-deposit an amount of Rs.10.00 lakhs towards Rule 25 penalty also - Appeals are allowed by way of remand
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