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M/s. Sulzer Friction Systems (India) Ltd. Versus The Principal Commissioner of Central Excise, The Customs Excise and Service Tax Appellate Tribunal

2016 (8) TMI 10 - MADRAS HIGH COURT

Valuation - appellants carrying out job work on the goods received from the principal manufacturer and after carrying out the carban lining the same were returned to the principal manufacturer. - tribunal has granted stay - demand for the subsequent period raised on the similar issue - Held that:- The show cause notices, dated 05.06.2015 and 26.10.2015, issued by the first respondent shall be kept in abeyance, till the disposal of the Appeals filed by the petitioner as against order in original, .....

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a writ of mandamus, to direct the first respondent to keep the issue in call book and in abeyance of passing final orders of the statement of demands, dated 05.06.2015 and 26.10.2015 till the disposal of the petitioner's Appeals in E/41640/14 and E/41641/14, pending before the second respondent-Tribunal. 2. The reasons for seeking for the aforesaid prayer are as follows:- i) On the same issue, in respect of the earlier period, i.e., from 1.04.2008 to 30.09.2013, adjudication order/order in .....

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, seeking for early hearing of the Appeals are concerned, the same were dismissed. At this stage, it would be relevant to quote the operative portion of the order passed by the Tribunal, which reads as follows:- After considering the submissions of both sides, we find that there is no dispute on the fact that appellants carrying out job work on the goods received from the principal manufacturer and after carrying out the carban lining the same were returned to the principal manufacturer. Appella .....

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has completed job work and returned to the principal manufacturer. Revenue has not disputed the procedure followed by the principal manufacturer. The only dispute is the appellant discharged duty on the value addition. Therefore, in view of Tribunal decision referred above, prima facie, appellants have made out a case for waiver of total demand. Accordingly, there will be waiver of predeposit and stay of recovery during pendency of Appeal. Stay Application is allowed. We do not find any merit i .....

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