2013 (9) TMI 822

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... S. Raghuvanshi ORDER Heard Shri Bharatji Agrawal, learned senior counsel along with Shri Piyush Agrawal, learned counsel for the appellant and Shri B.K.S Raghuvanshi, learned counsel for the respondent. The present appeal has been filed under 35-G of the Central Excise Act 1944 against the order dated 19.3.2013 passed in E/Stay No.4646/12 in E/Appeal No.3654 of 2010 directing the appellant to d .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... llate Tribunal ought to have granted complete waiver to the appellant instead of staying the penalty? Whether even if a retrospective amendment has been made by addition in Capter Note IA of Chapter 54 of the Central Excise Tariff creating a liability on the manufacture of Polyester Staple Fibre hence in view of the decision of Hon'ble Delhi HIgh Court in the caseof Shiva Taxfabs Ltd. versus Unio .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nt appeal is disposed of on the agreed terms by providing that the order of the Tribunal stands modified with the following terms and conditions: i) The appellant shall deposit 25% of the excise duty in cash within two weeks. ii) The appellant shall furnish the bank guarantee for the remaining amount within the aforesaid period to the satisfaction of the Assistant Commissioner, Central Excise. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X