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2015 (9) TMI 1325

Waiver of pre deposit - Denial of exemption claim - area based exemption scheme vide notification dated 10.6.2003 - Denial on the ground it had failed to commence commercial production till 31.3.2010 - Held that:- Court on 21.2.2015 while issuing notice of motion had directed the appellant to deposit ₹ 10 lacs within one month from that date. We are informed that the amount has since been deposited by the appellant. After hearing learned counsel for the parties and keeping in view the tota .....

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to facts and circumstances of the case? c) Whether the order is perverse when the Appellant has strong prima facie case on merits and financial grounds? d) Whether grave and palpable injustice would be caused to the Appellant if the Respondents are permitted to execute the legal order? 2. The facts, in brief, necessary for adjudication of the present appeal as narrated therein may be noticed. The assessee is engaged in the business of manufacture of black and Galvanize pipes/tubes and electrical .....

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ther show cause notice dated 7.3.2012 denying benefit of exemption notification and demanded duty of ₹ 89,75,035/- for the period February 2011 to December 2011. Thereafter, the respondent issued third show cause notice dated 4.2.2013 denying benefit of exemption notification by demanding duty to the tune of ₹ 1,98,30,469/- for the period January 2012 to October 2012. This Court vide order dated 2.4.2013 set aside the order passed by the Tribunal and directed to hear the appeal on me .....

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the learned counsel for the appellant and submitted that the amount as directed by the Tribunal was reasonable and justified. 5. The primary dispute that arises for consideration in this appeal relates to the quantum of pre-deposit to be made by the appellant as a condition precedent for the hearing of the appeal. This Court on 21.2.2015 while issuing notice of motion had directed the appellant to deposit ₹ 10 lacs within one month from that date. We are informed that the amount has since .....

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