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2015 (10) TMI 1349 - CESTAT KOLKATA

2015 (10) TMI 1349 - CESTAT KOLKATA - TMI - Waiver of pre deposit - Imposition of penalty - whether the applicant who declared themselves as a manufacturer is in fact manufacturer or a trader; the said fact rests on appreciation of evidences - Held that:- Considering the financial hardship expressed on behalf of the applicant and the amount already deposited during adjudication, in our view the offer to deposit ₹ 20.00 Lakhs at this stage seems to be reasonable. Accordingly, in the interes .....

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al) And Dr. I.P. Lal, Member(Technical) For the Petitioner : Shri J.P.Khaitan, Sr.Adv., Agnibesh Sengupta, Partha Banerjee, Adv.s For the Respondent : Shri S.Sharma, Commr.(AR) ORDER Per Dr. D.M. Misra. 1. This is an application seeking waiver of pre-deposit of duty of ₹ 5.59 Crores and equal amount of penalty and personal penalty of ₹ 20.00 Lakhs on Shri Aayush Rungta under Rule 26(1) of Central Excise Rules, 2002. 2. Shri J.P.Khaitan, ld.sr.Adv. for the applicant submits that durin .....

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lectricity corporations, raised the demand which was confirmed by the ld.adjudicating authority. He says that only on the basis of the statement of the Constituted Power of Attorney of the applicant firm, the demand has been confirmed which has no legal basis. Further he has submitted that even though the first statement was recorded in July 2007 the investigation continued till 2010 and no incriminating documents were recovered from their premises. Ld. Sr. Adv. further submitted that the total .....

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