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1990 (12) TMI 246

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..... Jayanarayan Nair, JDR, for the Respondents. [Order per : D.C. Mandal, Member (T)].- The aforesaid stay application was filed for dispensing with pre-deposit of duty of Rs. 18,150.40 and penalty of Rs. 30,000/-. Vide order No. S-149/90-D, dated 17-7-1990 the said stay application was disposed of by this Tribunal. The issue involved in this case was already covered by this Tribunal's order No. E/ .....

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..... was dispensed with by this Tribunal vide order dated 17-7-1990, but still the Department has not allowed the goods to be cleared. In this connection, the applicants have filed a copy of letter No. C. No. V(Ch. 60) 15/9/89/9362 dated 21-8-1990 written by the Assistant Collector of Central Excise, Ludhiana to the applicants. A copy of the said letter is at page 17 of the Misc. application. 3. We ha .....

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..... The learned Departmental Representative has not cited before us any contrary decision. 4. We have considered the arguments of both sides on the Misc. application. After the Tribunal dispensed with the deposit of duty and penalty and stayed the recovery thereof till the disposal of the appeal and after the applicants deposited the redemption fine, the Department could not withhold the clearance o .....

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