2004 (11) TMI 255

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..... This is an Application by M/s. Caterpillar India Pvt. Ltd. for waiver of pre-deposit of Central Excise duty off Rs. 89,74,400/- and penalty of Rs. 25 lakhs. Shri R. Raghavan, learned Advocate submitted that they have supplied the excisable goods to various Sub-contractors who were making Golden Quadrilateral Project which is financed by International Finance Organization, namely Asian Development .....

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..... e contract to construct the roads has been awarded. It is not disputed by the Revenue that these sub-contractors are, in fact, executing the contract awarded to them and the projects has been financed by the Asian Development Bank. In view of these facts the Applicants have made out a strong prima facie case. Accordingly we stay the recovery of the entire amount of duty and penalty during the pend .....

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