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2012 (10) TMI 622

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..... ification no. 39/11-CE – Held that:- Matter remanded to the adjudicating authority after waiving pre-deposit - E/236/11 - M/388/12/EB/C-II - Dated:- 13-4-2012 - S S Kang, Sahab Singh, JJ. For Appellant: Shri. M H Patil, Adv. For Respondent: Shri. V K Singh, Additional Commissioner (AR) Per: S S Kang: The applicants filed application no. E/Modf./514/12 in Appeal no. E/236/11 for .....

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..... e Government for issue of Notification under sec. 11C of the Central Excise Act for the previous period as the manufacturers of exempted biscuits finding difficulties. On the representations made by the biscuit manufacturers, the Government floated survey vide letters dated September, 2010, 3.6.2011, 8.7.2011 and 4.4.2012 and the matter is still pending. Further the applicants relied on the decisi .....

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..... est of the biscuits manufacturer's Association, Revenue had already floated survey regarding issuance of Notification under sec. 11C of the Central Excise Act and in view of the decision of the Tribunal in the case of M/s Ajmer Food Products P. Ltd., pre-deposit of dues is waived and recovery of the same is stayed during the pendency of the appeals. 5. Stay petitions are allowed. (Pronounced i .....

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