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TMI Blog2015 (10) TMI 2609X X X X Extracts X X X X X X X X Extracts X X X X ..... mber(Technical) Shri S.P.Majumdar, Advocate for the Appellant Shri K.Chowdhury, Supdt.(AR) for the Respondent ORDER Per Dr. D.M. Misra. 1. Heard both sides. 2. These applications are filed seeking waiver of total pre-deposit of excise duty of Rs. 2.76 Crores and equal amount of penalty imposed under section 11AC of Central Excise Act, 1944 and personal penalty of Rs. 10.00 Lakhs on the Cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the factory are only leviable to duty and not the entire cooling tower comprising both manufactured and bought out items. 4. Per contra, the ld.AR for the Revenue submits that this issue has been considered by this Tribunal while disposing their stay application for earlier period and the applicant has been directed to make pre-deposit vide Order No.SO-71201-71202/2013 dated 23.09.2013. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , balance dues adjudged against Applicant No.1 and also all dues against Applicant No.2 Shri Swapan Kr.Mitra would stand waived and its recovery stayed pending disposal of the Appeal. Compliance to be reported on 04.01.2016. It is made clear to the ld.Advocate that failure to deposit the said amount by Applicant No.1 would result in dismissal of both the Appeals without further notice. (Pronounce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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