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Kolisetty Alloy Castings Versus Commissioner of Customs, Central Excise And Service Tax, Hyderabad-IV

2015 (10) TMI 1319 - CESTAT BANGALORE

Waiver of pre deposit - Duty paid through CENVAT Credit - Held that:- Since portion of Sub rule (3A) relevant to the issue has been held struck down by Hon'ble High Court of Gujarat [2014 (12) TMI 656 - GUJARAT HIGH COURT] I consider that Commissione .....

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rection to hear the appeals without insisting on any pre-deposit. Needless to say the appellant shall be given reasonable opportunity to present their case before the matter is finally decided - Appeal disposed of. - E/MISC/29166/2013 in E/25780/2013 .....

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Murthy: In both the appeals issue involved is common and therefore both the appeals, miscellaneous application and stay applications are taken together. Since the appeals have been dismissed by the Commissioner (Appeals) for non-compliance with the .....

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peals are taken up. 2. The miscellaneous application is for production of documentary evidence to show that appellant had deposited the amount of ₹ 18001/- (Rupees Eighteen Thousand and One only) which had been defaulted earlier subsequently. T .....

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riod during which the default continues, as per the provisions of Rule 8(3A) of Central Excise Rules, the appellant was required to pay duty consignment-wise and only by cash. However the appellant utilized the cenvat credit. As a result the appellan .....

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ion No. 1177 of 2011 had observed as follows: "4. When the entire show cause notice, order in original and appellate order are based on Sub rule (3A) of Rule 8, the portion of which came to be struck down, such orders cannot survive. We have nar .....

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