9911796707
TMI Blog2003 (9) TMI 477X X X X Extracts X X X X X X X X Extracts X X X X ..... ra, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - The prayer in all the three Stay Petitions involving the same issue is to dispense with the condition of predeposit of the total duty amount of Rs. 2,05,216.00 (Rupees two lakh five thousand two hundred and sixteen) and the total penalty of Rs. 1.00 lakhs (Rupees one lakh) imposed upon the applicant/appellant-company herei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appearing for the applicants/appellants has also placed reliance upon the Tribunal's decision in the case of Kanoria Chemicals & Industries Limited v. C.C. Ex., Allahabad reported in 1998 (29) RLT 901 (CEGAT). In support of his above submission, he has also drawn our attention to the Board's Circular No. 246/80/96-CX., dated 1-1-1996. 2. Countering the arguments, Shri N.K. Mishra, learned J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e considered the submissions of both sides. Notification No. 67/95-C.E. extends the exemption in respect of the products which are used captively in the manufacture of the other final products in the applicants 'appellants' factory. The gas which is allowed to escape in the atmosphere is not further used in the manufacture of any other item. The applicants'/appellants' contention that the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an amount of Rs. 1.00 lakh (Rupees one lakh) towards duty within a period of six weeks from today. Subject to deposit of the above amount, the balance amount of duty and penalty shall stand waived and its recovery stayed during the pendency of the appeals.
Matters to come up for ascertaining compliance and for final disposal of the appeals on 24-11-2003. X X X X Extracts X X X X X X X X Extracts X X X X
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