2001 (12) TMI 701

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..... ondent. [Order per : Gowri Shankar, Member (T)]. The application is for waiver of deposit of duty of Rs. 21.00 lakhs approx. 2. The applicant manufactures in its refinery, where various petroleum products all of which it clears in bond to various oil companies. These oil companies in turn clear these goods on payment of appropriate duty. Part of the goods were cleared by availing of th .....

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..... .T. 642. The second alternative contention is that in any case, the duty liability is disproportionate. Duty has been demanded on inputs, which were not at all used in the manufacture of the goods cleared under the exemption. The Commissioner, before whom this point was raised, has not satisfactorily dealt with. The duty payable therefore works out to only Rs. 1.57 lakhs approx. 4. We are, at th .....

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..... applicant has raised this point in its reply but has not been dealt with by the Commissioner. 6. Taking this aspect into account, we think that a deposit of Rs. 5.00 lakhs would be appropriate. On the applicant depositing this sum within a month from the receipt of this order, we waived deposit of the remaining duty and stay its recovery. 7. Compliance on 24-12-2001. - - TaxTMI - TMITax - .....

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