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Dalmia Bharat Sugar And Industries Ltd. Versus Commississioner Central Excise And Service Tax

2015 (4) TMI 423 - DELHI HIGH COURT

Waiver of pre deposit - Whether in the instant case the direction of the CESTAT to deposit ₹5 crores as pre-condition for the hearing of the appeal was justified - interdependent and integrated plants for manufacturing sugar and alcohol. - avai .....

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g in Niphad Sakhar (2014 (1) TMI 1384 - BOMBAY HIGH COURT) , all the tariff entries w.e.f. 01.03.2005 and the consequent exemption notification have resulted in a different regime. Even otherwise the submission made by the revenue to the effect might .....

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13/2015 - Dated:- 25-3-2015 - S. Ravindra Bhat And R.K.Gauba JJ. For the Appellant : Mr.Prashant Shukla, Adv. For the Respondent : Mr.Satish Kumar, Sr.Standing MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) 1. Admit. 2. Issue notice. Mr.Satish Kumar, Adv .....

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pellant s composite manufacturing unit is having interdependent and integrated plants for manufacturing sugar and alcohol. The Appellant is manufacturing sugar and molasses from sugarcane. The assessee sought the benefit of notification No.3/2005 in .....

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ble and also stated that the cenvat credit cannot be claimed by the assessee. The appellant s replies to the SCN and its adjudication culminated in an adverse order. It appealed to the CESTAT which by the impugned order imposed an obligation to depos .....

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f the above, we set aside the impugned order and direct the Tribunal to decide the stay application afresh. However, while considering the stay application both the decisions of the Tribunal in the matter of Ugar Sugar Works Ltd. referred to herein a .....

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All contentions of both parties are left open to be urged before the Tribunal. The appeal is disposed of with the above directions. 6. Learned counsel for the Revenue contends that the case is distinguishable on facts and relies upon the Order-in-Ori .....

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gth", also covers "un-denatured ethyl alcohol of an alcohol strength by volume of 80% vol. or higher. It is then contended that since there is no mention of products which the assessee is concerned with and therefore it is not entitled to t .....

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