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2004 (4) TMI 435

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..... Appellant. Shri Ajay Saxena, DR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. The application for waiver and stay arises out of the order of the Commissioner of Cen., Excise, Pondicherry, who has confirmed a duty demand of Rs. 60,34,988/- on the ground that there was no evidence on record to show that the fire which occurred in the applicants factory on 25-3-200 .....

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..... against which appeal and stay application has been filed before the Tribunal and the appeal is pending before the Tribunal, the present impugned order was passed on 18-12-2003, confirming the duty demand and imposing penalty. 3. We see prima facie substance in the plea of the applicants that the impugned order traverses beyond the scope of the show cause notice as the demand notice dated 8-11-20 .....

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