2002 (1) TMI 708

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..... for the Respondent. [Order per : G.R. Sharma, Member (T)]. Arguing the Stay Petition for waiver of pre-deposit of penalty amounting to Rs. 1.50 lac (Rupees one lac fifty thousand) Shri Naveen Mullick and Shri V.R. Sethi, learned Advocates submit that penalty has been imposed on the applicant on the ground that certain documents were found in the factory premises of M/s. Amit Metals whic .....

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..... earned Counsel submits that Kalinga Wire was not the same as Kalinga Cable Co. and therefore, the case has been thrust on the applicant. Learned Counsel submits that this finding of the Commissioner that private records of M/s. Amit Metal contained slips in the name of Kalinga Cable Ltd. is incorrect and is against the statement of Shri Devi Ram. Learned Counsel also stated that though Commissione .....

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..... uch goods and therefore, penalty has rightly been imposed. He, therefore, prays that the applicant may be directed to deposit the entire amount of penalty. 3. We have heard the rival submissions. We note that it is a case of drawal of copper wire from copper rods. The position whether it amounts to manufacture is not finally settled. Thus the issue is contentious. However looking to the evidence .....

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