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2000 (12) TMI 278

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..... [Order per : G.R. Sharma, Member (T)]. Shri Amit Awasthi, learned Counsel arguing the application for waiver of pre-deposit of duty, submits that the applicants had applied for re-determination of the capacity of their re-rolling mill after opting for payment of duty under Rule 96ZP(3). He submits that the Department provisionally fixed the ACP and subsequently after re-verification of the p .....

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..... s no question of payment of duty demanded for this period. The learned Counsel submits that they are ready to pay the differential duty of Rs. 1.65 lakhs for the period when the factory was working. He submits that even for the period during which the factory was working, the Department has demanded Rs. 21,87,691/- which is calculated on the data not properly verified and objected to by the appell .....

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..... at the appellants have been, right from the beginning, objecting to the re-determination of the parameters. Looking to this fact, we direct the appellants to deposit a sum of Rs. 5 lakhs within 10 weeks from today. On deposit of this amount, the deposit of the balance amount of duty shall be dispensed with and recovery there of shall remain stayed during the pendency of the appeal. Non-compliance .....

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