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2015 (11) TMI 361 - CESTAT NEW DELHI

2015 (11) TMI 361 - CESTAT NEW DELHI - TMI - Waiver of pre deposit - unregistered dealer - the applicant is a broker and introduced the parties with each other. He is neither registered dealer nor authorized dealer of Prakash Industries Ltd. - parallel invoices - Held that:- As per facts & circumstances of the case, Pre deposit is waived in some case and in some case it is directed to deposit the same. - Excise Stay Application Nos. 59376 - 59395 & 59525 of 2013 & Excise Appeal Nos. 58738 - 5875 .....

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es, Vinayak Ispat, Sharda Ispat Ltd., Orange City Steel Industries P Ltd., Diganath Steel Ind & Engg. Works, Prabhu Steel Industries, Munish Forging, R K Steel Industries, Raju Steel Industries, Swetal Steel Industries Ltd., Sunvijay Rolling and Engg. Ltd. And Prakash Industries Ltd. ORDER Per Ashok Jindal : E/stay/59376/2013 - Vivek Steels The applicant is a broker. The allegation of the Revenue is that applicant has traded the goods under the challans which was recovered from the Nagpur Mu .....

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ly valued at ₹ 10.64 lakhs. In these circumstances, they duty amount worked out to ₹ 1.5 lakh approx. Therefore, we direct the applicant to make a pre-deposit of ₹ 15,000/- (Rupees Fifteen thousand only within a period of four weeks and report compliance on 27.8.2015. On such compliance, balance amount of penalty shall remain waived during the pendency of the appeal. E/stay/59377/2013 - Jai Ambey Goods Carrier. E/stay/59378/2013 - Lift and Shift The applicants are seeking waive .....

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, we waive the requirement of pre-deposit of penalty imposed on the applicants and stay recovery thereof during the pendency of the appeals. E/stay/59379 /2013 - Shri Ashok Kumar Sharma E/stay/ 59380/2013 - Shri Rakesh Kumar Bhadoria E/stay/ 59381/2013 - Shri S N Jha E/stay/ 59382/2013 - Shri Sanjay Kumar Joshi E/stay/ 59383/2013 - Shri N K Gupta The applicant are seeking waiver of pre-deposit of penalties imposed upon them under Rule 26 of the Central Excise Rules, 2002. 2. Heard the parties. C .....

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them under Rule 26 of the Central Excise Rules, 2002 and stay recovery thereof during the pendency of the appeals. E/stay/ 59384/2013 - Shri G L Mohta The applicant is seeking waiver of pre-deposit of penalty imposed upon him under Rule 26 of the Central Excise Rules, 2002. 2. Heard the parties. 3. Considering the fact that applicant is whole time Director of the M/s. Prakash Industries Ltd. who was involved in duty evasion as per the impugned order. As the applicant was issued summons and he d .....

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9386/2013 - Vinayak Ispat E/stay/59387/2013- Sharda Ispat Ltd. E/stay/59388/2013 - Orange City Steel Industries P Ltd. E/stay/59389/2013 - Diganath Steel Ind & Engg. Works E/stay/59390/2013 - Prabhu Steel Industries E/stay/59391/2013 - Munish Forging E/stay/59392/2013 - R K Steel Industries E/stay/59393/2013 - Raju Steel Industries And E/stay/59394/2013 - Swetal Steel Industries Ltd. The applicants are seeking waiver of pre-deposit of penalties imposed upon them under Rule 26 of the Central .....

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ned order what was the role of the applicants. Therefore, prima facie applicants have made out a case for complete waiver of pre-deposit. In these terms, we waive the requirement of pre-deposit of penalties imposed on them and stay recovery thereof during the pendency of the appeals. E/stay/59395/2013 - Sunvijay Rolling and Engg. Ltd. Applicant is seeking waiver of pre-deposit of penalty confirmed against them under Rule 26 of the Central Excise Rules, 2002. 2. The allegation against the applica .....

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