2002 (2) TMI 1192

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..... he Respondent. [Order per : Gowri Shankar, Member (T)]. A sum of Rs. 1,56,592/- has been paid towards duty. The application has been filed for waiver of deposit of the remaining amount of duty of Rs. 52.80 lakhs approx. and penalty of Rs. 54.37 lakhs approx. 2. We have heard both sides. 3. The duty has been demanded and penalty imposed on the finding of the Commissioner that the wast .....

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..... a facie) its marketability. It was for the department to show that the broke was capable of being bought and sold and prima facie it is not done so. The fact that the Tribunal in its earlier order has found the same commodity not to be marketable also goes in the applicant s favour. 6. Therefore, we waive deposit of the duty and penalty and stay their recovery. - - TaxTMI - TMITax - Central .....

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