1992 (6) TMI 111

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..... R. Subramanian, DR, for the Respondent. [Order, per : S. Kalyanam, Member (J)]. - This is an application for waiver of pre-deposit of a duty of Rs. 2,15,557.91 and a penalty of Rs. 2,000/- levied on the petitioner under the impugned order of the Additional Collector of Central Excise, Coimbatore dated 11-2-1992. 2. Shri Anand, the learned Chartered Accountant for the petitioner submitted that .....

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..... of the issue, in the light of the clarifications of the Board referred to above, we grant waiver of pre-deposit of duty and penalty pending appeal making it clear that it is open to the Department to take out an application seeking modification of the order after getting necessary clarification/instructions with reference to the applicability or correctness etc. of the Board's circular. 5. [Per: .....

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..... ircular. We observe that no authority has been mentioned in this Circular for issue of instructions for not re-opening the past assessments, even though the goods have been held to be dutiable. Prima facie the petitioner's goods are chargeable to duty. However, inasmuch as the Department has chosen not to collect duty, it would cause hardship to the petitioner in case an exception is made in the c .....

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