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2011 (10) TMI 444 - HC - Central ExciseStay of demand - commissioner (appeals) granted 50% stay - writ petition for 100% stay - loan licensees being manufactures - held that:- The Commissioner (Appeals) therefore, cannot be said to have committed an error in the facts of the present case, while recording a finding that the loan licensee were only performing job work for the assessee. The judgment in the case of Pawan Biscuit Company (2000 -TMI - 45451 - SUPREME COURT OF INDIA) does not lay down any binding legal precedent, which the Commissioner (Appeals) can be said to have ignored while considering the impact of the order of the Tribunal passed in respect of the assessee for the previous years, specifically in the circumstance when the issue which was considered in the interim order of the Tribunal qua previous year proceedings was entirely on different ground vis-a-vis the one, which had been canvassed before the Commissioner (Appeals) at the time of consideration of the application under Section 35F of the Central Excise Act giving rise to this petition. However, order of predeposit modified as, Assessee may deposit Rs. 20 lacs in cash within one month from today and for the remaining amount in terms of the order of the Commissioner (Appeals), he may furnish security other than cash or bank guarantee to the satisfaction of the Commissioner (Appeals) within the same period.
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