2003 (10) TMI 569

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..... dent. [Order per : S.L. Peeran, Member (J) (Oral)]. -  The appellant is a PSU who have obtained clearance certificate from the Committee of Secretaries to pursue the appeal. In the impugned order, an amount of Rs. 69,76,361/- and along with an equivalent amount as penalty has been confirmed in terms of the show cause notice dated 27-3-2001 covering the period March 1996-2000. The issue invo .....

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..... t rendered in the case of Srichakra Tyres Ltd., 1999 (108) E.L.T. 361. She submits that the learned Commissioner has not applied the ratio of Srichakra Tyres Ltd.'s case, on the plea that Revenue's appeal is pending before the Apex Court while he has distinguished the judgment cited by the appellants and also held that the demands are not time barred. Ld. Counsel submits that some of the refractor .....

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..... ry packing, there is contest raised by SDR that it was not a secondary packing. However, this point is required to be seen at the final stage. As the appellant is a PSU and the Committee of Secretaries have given permission to contest the appeal, we are of the considered opinion that pre-deposit amount can be waived and recovery stayed during pendency of appeal by allowing the stay application. As .....

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