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TMI Blog2004 (5) TMI 475X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Respondent. [Order per : V.K. Agrawal, Member (T)]. These are 2 applications for waiver of pre-deposit of following amounts of duty :- (1) M/s. Flex Inds. Ltd. Rs. 11,44,152/- (2) M/s. FCL Technologies Products Ltd. Rs. 28,86,224/- 2. Shri K.K. Anand, learned Advocate, submitted that the demands have been confirmed against both the applicants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... realization of the amount from the petitioner not be taken till further orders; that in view of this they may not be directed to make any pre-deposit under Section 35F of the Central Excise Act. He also submitted the Supreme Court in the case of C.C.E., Hyderabad v. Associated Cement Co. Ltd. - 2003 (151) E.L.T. 12 (S.C.) has held that the assessee is entitled to get the Modvat credit of the duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court had only ordered the respondent in writ petition not to take any coersive measure for realizing the due; that any amount directed to be pre-deposited under Section 35F of the Central Excise Act is not a coercive measure. He finally mentioned that the decision in Associated Cement Co. Ltd. has been pronounced on the basis of old Rule 57B without bringing Section 112 of the Finance Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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