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TMI Blog2015 (10) TMI 1979X X X X Extracts X X X X X X X X Extracts X X X X ..... t : Sri Arijit Chakraborty, Adv For the Respondent : Sri K Choudhuri, Supdt. (AR) ORDER Per H K Thakur Stay application Nos. E/Stay/70374/2013 & E/Stay70375/2013 have been filed respectively by the main appellant M/s. Jharna Cement Ltd. and Shri R.N. Singh, M.D. of the main appellant E/Misc/75422/2015 has been filed by the Revenue for early hearing of the case as revenue involved is huge. 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst the recovery of the confirmed demand and penalty may be allowed as no correct quantification of duty has been done by the department. 3. Shri K. Choudhury Supdt. (A.R.) appearing on behalf of the respondent argued that summons were issued to all the witnesses whose cross-examination were asked by the appellants. That Revenue can only make efforts to call the witnesses which was duly done i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 76/-, alongwith interest, and an equivalent amount of penalty was also imposed upon the main appellant. A penalty of Rs. 50,00,000/- was imposed upon Shri R.N. Singh, Managing Director of the main appellant. It is observed from the case records that during visit of the Central Excise officers on 21/09/2005, 7 chits were found against which 85MT of cement was shown to have been cleared. Main appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6/10/2015. Subject to the payment of the above amount, there will be stay on recovery of the remaining amounts in interest and penalties adjudicated against the appellants. Misc. application filed by the Revenue for early hearing of the case is rejected with the liberty to file the same after few months as older pendencies are being listed for disposal. Compliance to be reported on 26/10/2015. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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