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2013 (2) TMI 515 - CESTAT BANGALOREWaiver of pre-deposit - Stay of recovery - DTA clearances of the EOU - Interest on duty u/s 11AB - Penalty u/s 11AC – Penalty under Rule 25 - Penalties on the Managing Director and another Director – Penalty under Rule 26 - Appellate authority dismissed the appeals on the ground of non-compliance with Section 35 F – Held that:- On the basis of decision in earlier case the total amount of duty demanded from the assessee is Rs. 29,32,036/-, towards which an amount of Rs.11,79,922/- paid by them stands appropriated. The Commissioner (Appeals) only required them to pre-deposit an amount of Rs 3.75 lakhs, which they did not deposit. Had they deposited this amount, their total payments would have amounted to a little over 50% of the demand only. Following our stay order dated 30/11/2011 ibid, we therefore direct the company to pre-deposit the above amount of Rs.3.75 lakhs and pre-deposit should be waived in respect of the Managing Director and Director of the Company.
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