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2016 (2) TMI 548 - PUNJAB & HARYANA HIGH COURT

2016 (2) TMI 548 - PUNJAB & HARYANA HIGH COURT - TMI - Waiver of pre-deposit - appellant submitted that the requirement of ₹ 1.25 crores with proportionate interest as pre-deposit as directed by the Tribunal was unfair and excessive. - Held that:- After hearing learned counsel for the parties and keeping in view the totality of the facts and circumstances of the case coupled with the fact that the appellant has already deposited the principal amount of ₹ 1.25 crores, in terms of orde .....

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ccording to learned counsel for the parties, identical questions of law and facts are involved therein. For brevity, the facts are being extracted from STA No. 32 of 2015. 2. STA No. 32 of 2015 has been preferred by the assessee under Section 35G of the Central Excise Act, 1944 (in short "the Act") against the order dated 29.9.2015 (Annexure A-1) passed by the Customs Excise and Service Tax Appellate Tribunal, New Delhi (hereinafter referred to as "the Tribunal") directing th .....

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the appellant is also engaged in the manufacturing of motorcycle/parts thereof. It entered into a License and Technical Assistance Agreement dated 2.6.2004 (Annexure A-3) with Honda Motor Company Ltd. whereby it had been granted right and licence to manufacture, assemble, sell, distribute, repair and service of certain products and parts thereof in India designed and developed by Honda Japan. Further, the appellant had been allowed to export its products outside the Indian Territory after enter .....

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along with interest under Section 75 of the Act and penalties under Sections 76 and 77 of the Act and under Section 78 of the Act qua the notice dated 28.3.2008 (Annexure A-5). The appellant filed replies dated 5.6.2008 (Annexure A-7) and dated 18.9.2009 (Annexure A-8) to the aforesaid notices. During the course of personal hearing, the appellant submitted additional submissions and synopsis dated 13.12.2011 (Annexure A-9) before the respondent. The respondent-Commissioner, Central Excise Commis .....

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3.2008 was confirmed. However, the demand pertaining to the period before 18.4.2006 had been dropped. Feeling aggrieved by the order, Annexure A-10, the appellant filed two appeals along with stay applications (Annexure A-11 Colly) before the Tribunal. The Tribunal vide order dated 29.9.2015 (Annexure A-1) directed the appellant to deposit a sum of ₹ 1.25 crores along with proportionate interest, as a pre-condition to hear the appeal on merits. Hence, the present appeals. 4. Learned counse .....

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