9911796707
TMI Blog2000 (5) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by M/s. GTC Industries Ltd. praying for stay of operation of Order-in-Appeal dated 16-11-1999 and Order-in-Original dated 16-4-1998 and for dispensing with pre-deposit of duty amounting to Rs. 69,22,874.48. The appellants also had claimed a refund of Rs. 1,19,33,023.47 which had also been rejected as per the impugned order. 2. Ld. Sr. Counsel appearing for the applicant, Shri M. Chandra Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r (Appeals) had given proper opportunity to the applicant to defend its case. Further, the orders which have been passed by the appellants are contrary to the provisions of Section 4 of the Central Excise Act, 1944 and the law laid down by the Hon'ble Supreme Court in the MRF case relating to deductions of post-manufacturing expenses from the price arrived at under Section 4. 3. Ld. SDR Shri P.K. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, the conditions of pre-deposit may be waived, we accept the plea of the applicant for waiver of pre-deposit of the duty amount as well as for stay of recovery of the said amount during the pendency of their appeal before the Tribunal. 5. Accordingly, the pre-deposit of the duty amount is waived and recovery thereof stayed till the disposal of the appeal filed by the applicant in Appeal No. E/85 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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