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TMI Blog2005 (2) TMI 719X X X X Extracts X X X X X X X X Extracts X X X X ..... DR, for the Respondent. [Order per : P.G. Chacko Member (J) (Oral)]. - There are two appeals and four applications before us. In the appeal by the company, the challenge is against a demand of duty of over Rs. 99 lakhs as also against a penalty of Rs. 7 lakhs. The other appeal is by its Managing Director, aggrieved by a penalty of Rs. 10 lakhs. In two applications, the Company and its M.D. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y as per the standard specification in the work order are screwed on the framework. The electrical wire runs along with members of the fabricated structure through PVC conduits. (b) FRP claddings are madeup of 3 mm thick with UV stabilized resin and suitable pigment was added in the resin to achieve IOC Beige Colour. Each set of FRP claddings for signages consists of MSP t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any of the decisions relied on by the assessee on the point were distinguished and held to be irrelevant. In the result, the demand of duty on 'Signages' was confirmed against the party and the aforesaid penalty was imposed on them. A separate penalty was imposed on the Managing Director also. 2.Ld. Chartered Accountant for the appellants submits that the impugned order is not sustainable as it h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able evidence including the pictures of 'Signages' produced by the appellants, and considering the process aforestated, we are of the view that the assessee's challenge against dutiability of the items prima facie is well-founded. Accordingly, we grant waiver of pre-deposit and stay of recovery in respect of the duty and penalty amounts. 4.Early-hearing applications are also allowed in view ..... X X X X Extracts X X X X X X X X Extracts X X X X
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