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JABBAR TOBACCO CO. Versus COMMISSIONER OF CENTRAL EXCISE, ALLAHABAD

2015 (10) TMI 1320 - CESTAT NEW DELHI

Denial of abatement claim - whether the appellant is entitled for abatement of 3 days, i.e., 29-7-2010 to 31-7-2010 as per the Rule 10 of the Chewing Tobacco Unmanufactured Tobacco Packing Machines - Held that:- Rule 10 of the Chewing Tobacco and Unm .....

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ing. Admittedly, in this case, the appellant has applied on 24-7-2010 to seal the machines from 26-7-2010. As the said request was not accepted, the appellant approached again on 28-7-2010 and on the receipt of the said request, the machines were sea .....

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ese terms, the impugned order is set aside. - Decided in favour of assessee. - E/519/2012-EX(SM) - Final Order No. A/51093/2015-SM(BR) - Dated:- 2-3-2015 - Shri Ashok Jindal, Member (J) Shri Ashish Vaish, CA, for the Appellant. Shri A.K. Dhawan, AR, .....

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on Chewing Tobacco Manufactured Tobacco Machines Rules, 2012. Initially on 23-7-2010, the appellant filed an application for sealing of their machines on 26-7-2010 but as the machines were not sealed on the said date, the appellant again filed the ap .....

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0, the appellant filed an abatement of duty for 3 days under the provision of Rule 10 of the Chewing Tobacco and Unmanufactured Tobacco Packing Machines Rules, 2012. The refund claim was allowed by the Adjudicating Authority. On challenge by the Reve .....

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nsidered the submissions. 5. In this case, short issue is that whether the appellant is entitled for abatement of 3 days, i.e., 29-7-2010 to 31-7-2010 as per the Rule 10 of the Chewing Tobacco Unmanufactured Tobacco Packing Machines. I have gone .....

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