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2003 (8) TMI 59

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..... a factory, where it used to manufacture tin containers and for that purpose used to purchase tin plates. It is an assessee under the Central Excise Act and had been extended the benefit of Modvat. A raid was conducted at the factory of the petitioner-company by the Excise authorities. In course of raid, various documents of the petitioners were seized. The petitioner asked for copies thereof. The .....

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..... cause notice for quite some time, and after appropriately postponing the date of adjudication; ultimately the authority concerned passed an order and adjudged that the petitioner-company is liable to pay roughly about Rs. 25 lakhs to the Revenue. Against that the petitioner-company preferred an appeal before the Tribunal. The Tribunal could hear the appeal provided the adjudged claim of the Revenu .....

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..... contended that the Tribunal ought to have had reduced the quantum of deposit from the sum of Rs. 10 lakhs for the reasons disclosed by them in their review application and in not doing so the Tribunal acted in a manner unwarranted. The Court accepted such contention and accordingly set aside the order of the dismissal of the appeal with a direction upon the Tribunal to reconsider the application o .....

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..... sset, which could be encashed only on a demand, there was no just reason not to deposit even the sum of Rs. 10 lakhs, which was arrived at by the Tribunal of its own by reducing the claimed amount from Rs. 25 lakhs. I, therefore, see no reason to interfere with the writ petition. The same is, accordingly, dismissed. 3. There will be no order as to costs. 4. Interim orders stand vacated. - .....

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