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M/s. Aditya Laminators Pvt. Limited and Others Versus Commissioner of Central Excise & S.T., Daman

2015 (10) TMI 1125 - CESTAT AHMEDABAD

Duty demand - Assessee contends that on the date of issue of Show Cause Notice dated 15.04.2002, the provisions of Rule 57-I of the said Rules, 1944 was not in existence in the statute and the demand of Central Excise duty can not be confirmed under .....

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ase in the interest of justice. - Impugned order is set aside - Matter remanded back - Decided in favour of assessee. - Appeal No. : E/1186-1189/2007, [Application Nos. E/Extn/16513-16516/2014] - ORDER No. A/10312-10315 / 2015 - Dated:- 10-4-2015 - M .....

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sal. 2. After hearing both the sides and on perusal of the records, I find that the main contention of the learned Advocate for the appellants is that the demand of duty was confirmed for the period June 1997 to January 1999, under Rule 57I of the er .....

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be confirmed under the erstwhile Central Excise Rules. In support of his contention, he relied upon various decisions, as under:- (i) Sunrise Structurals & Engg. Limited & Ors. vs. CCE, Nagpur - Order NO. A/711 to 722/WZB/04.C.II dated 27.8. .....

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Belapur - Order No. A/52/2007/C.I(EB) dated 05.01.2007. (v) Dutta Metal Industries vs. CCE, Mumbai - Order No. A/77/2007/C.I/EB dated 11.01.2007 (vi) Tata Motors Limited vs. CCE, Pune - A/1973/2007/C-IV/SMB/WZB/2006 dated 30.10.2006. (vii) Dow Chemic .....

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d 22.08.2013. 3. Learned Authorised Representative for the Revenue reiterates the findings of the Commissioner (Appeals). He further submits that this issue was not raised before the lower authorities. He also relied upon the decision of the Tribunal .....

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