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TMI Blog2013 (9) TMI 820X X X X Extracts X X X X X X X X Extracts X X X X ..... : D M Misra This is an application for waiver of predeposit of duty of Rs.3,79,473/- and penalty of Rs.11,30,890/- imposed under Section 11AC of the Central Excise Act, 1944. 2. The ld. Advocate, Shri Tarun Kumar Ray, appearing for the applicant, has submitted that the applicant is a composite mill manufacturing yarn and utilizing the same in the manufacture of fabrics. During the period from 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of interest and penalty. He further submitted that against the order of the Tribunal in the second round of litigation, the applicant had filed an appeal before the Hon'ble High Court of Calcutta and the Hon'ble High Court remanded the matter for denovo adjudication. The ld. Advocate further submitted that even though they have paid an amount of Rs.3,79,473/- on the yarn stage, the said paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the findings of the ld. Commissioner (Appeals). 4. Heard both sides and perused the records. We find that the total liability has worked out around Rs.11.30 lakhs against the clearances of fabrics during the period 28th September, 1996 to 6th August, 1997. The applicant has already paid an amount of Rs.8.32 lakhs on 03.04.1998 and requested for adjustment of Rs.3.79 lakhs paid by them on yarn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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