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2003 (3) TMI 556

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..... . [Order per : Jyoti Balasundaram, Member (J)]. The above application for waiver of pre-deposit of duty of Rs. 54,80,451.87 and penalty of equal amount under the provisions of Section 11AC of the Central Excise Act, arises out of the order of the Commissioner of Central Excise who has confirmed the above demand on thrust bearing assemblies manufactured by the applicants herein who are ma .....

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..... wires used in the manufacture of power driven pumps designed primarily for handling water. The applicants also raised plea of limitation (Show cause notice is dt. 27-9-2001, on the ground that they had described the components of thrust bearing assembly individually in their classification/declaration. Lastly, they plead financial hardship based upon their Balance Sheet for the half-year ending 3 .....

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..... e manufactured as cast article, and the rest of the elements used in the assembly as per drawings are procured from their vendors (see Para 33 of the impugned order). Therefore, prima facie the items are not bearings excluded from the benefit of the notification. We therefore hold that a prima facie case for waiver has been made by the applicants on this point, and dispense with the pre-deposit of .....

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