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TMI Blog2000 (11) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... per : Archana Wadhwa, Member (J)]. The prayer in the Application is for dispensing with the pre-condition of deposit of duty demand of Rs. 83,39,880.00 and penalty amount of Rs. 20.00 lakhs. 2. Learned Advocate, Shri L.P. Asthana appearing for the applicant firm submits that the above demand has been confirmed against them on two grounds. An amount of Rs. 42,08,620.00 has been confirmed on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods have been sold to other independent buyers has to be taken as the assessable value. Shri Asthana, learned Advocate submits that the sales to Electricity Board and BEST were in the nature of sale of spares and as such, the value of the same cannot be compared to the value on which the goods were cleared to their own Units for further manufacture of the final product. 3. As regards the cleara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... factory, were being cleared by them as waste and scrap on payment of duty. The Revenue has contended that such waste and scrap which is in the nature of on-line processed waste and scrap is on the higher side and under the garb of waste and scrap, the appellants have manufactured and cleared their final product without payment of duty. He submits that there is no other corroborative evidence on re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1003 (sic) to March, 1995, whereas the show cause notice was issued on 18-7-1995. As such, he submits that most of the period is beyond the normal period of limitation. No mala fide intention can be attributed to them inasmuch as the entire facts were in the knowledge of the Revenue. However, Shri Asthana fairly agrees that the issues in question are arguable and contentious and inasmuch as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accepted by the learned Advocate for the applicants. However, in view of the arguments of the learned Advocate on the issues involved, we find the offer to deposit a sum of Rs. 10.00 lakhs (Rupees ten lakhs) only to be reasonable. Accordingly, we direct the applicants to deposit an amount of Rs. 10.00 lakhs (Rupees ten lakhs) only within six weeks from today. Subject to deposit of the above amount ..... X X X X Extracts X X X X X X X X Extracts X X X X
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