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2015 (12) TMI 868 - JHARKHAND HIGH COURT

2015 (12) TMI 868 - JHARKHAND HIGH COURT - 2015 (326) E.L.T. 109 (Jhar.) - Waiver of pre deposit - Demand of 10% pre deposit of penalty - Held that:- Factory premises of M/s. Amba Re-rolling Mill Pvt Ltd has already been closed down since 2009. The balance sheet of the Company reveals that there is a loss of ₹ 4,20,789/- during the assessment year 2011- 12. CESTAT, Kolkata has also pointed out this fact at per paragraph 15 of the order dated 3rd of July, 2012 which is under challenge. None .....

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CESTAT, Kolkata is revived and the same will be decided on its own merits. - Decided in favour of assessee. - T.A. No.29 of 2012 With I.A. 3101 of 2012 - Dated:- 28-7-2015 - Mr. D. N. Patel And Mr. Ratnaker Bhengra, JJ For the Petitioner : M/s. Biren Poddar, N.K. Pasari, Ranjana Mukherjee For the Respondent : Mr. Ratnesh Kumar ORDER Per D.N. Patel, J 1) This appeal has bee preferred by appellant Jaswant Singh, who is one of the Directors in M/s. Amba Re-Rolling Mill Pvt. Ltd., Jamshedpur, upon w .....

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ng heard to the learned counsels for both sides and looking to the facts and circumstances of the case, it appears that the factory premises of M/s. Amba Re-rolling Mill Pvt Ltd has already been closed down since 2009. The balance sheet of the Company reveals that there is a loss of ₹ 4,20,789/- during the assessment year 2011- 12. CESTAT, Kolkata has also pointed out this fact at per paragraph 15 of the order dated 3rd of July, 2012 which is under challenge. Nonetheless, the Tribunal has .....

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