2002 (2) TMI 446

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... G.R. Sharma, Member (T)]. M/s. Plyboard Industries Ltd. have filed this Appeal along with Stay Petition. In the Stay Petition there is a prayer for waiving pre-deposit of duty amounting to Rs. 22,63,878/- (Rupees twenty two lac sixty three thousand eight hundred seventy eight) and penalty of Rs. 5,000/- (Rupees five thousand). 2. Arguing the case for the applicant(s) Shri M.P. Devnath, le .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... eparate legal entity; that it maintains its own financial accounts and separate balance sheet; that the appellants had applied for registration submitting all the relevant information, however, no licence was granted; that there was no case for clubbing the clearances of other units with the present appellants which was being run by the Jammu and Kashmir Industries. Learned Counsel submits that si .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 0 lac (Rupees five lac) earlier which is still lying with the Department. He, therefore, prays that pre-deposit of duty may be waived and the matter may be sent back to the Authorities below to examine their case in the light of the Explanation V to Notification No. 175/86 and in terms of the decision of this Tribunal in the case of TANSI cited above. 4. Shri Atul Dixit, learned SDR has no objec .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X