2003 (9) TMI 375

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..... e Appellant. Shri K.K. Srivastava, DR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - The application for waiver of pre-deposit of duty of Rs. 49,91,915/- and penalty of equal amount arises out of the Commissioner of Central Excise & Customs, Surat. In addition, there is a penalty of Rs. 5,000/- under Rule 173Q of the Central Excise Rules, 1944. 2. The brief facts nec .....

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..... over M/s. Sapana Syntex (P) Ltd. M/s. Sapana Syntex (P) Ltd. had been found to be closed since November, 2000. The investigation commenced culminated into show cause notice dated 3-7-2002, wherein duty demand was raised alleging that the applicants herein were not eligible to benefit of duty free supply under Notification 1/95. The notice proposed recovery of duty and also imposition of penalty a .....

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..... icals & Ors. [2003 (109) ECR 293] and Deccan Granites [2003 (151) E.L.T. 582] but we find that the matter is arguable as to what is the exact meaning of the expression "allowed to be sold in India" occurring in Notification 125/84 and that we find that the Commissioner has given detailed reason for denying the benefit of Notification 125/84 in paragraph 12 of the impugned order. What is pertinent .....

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