2004 (10) TMI 528

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..... ent. [Order per : P.G. Chacko, Member (J) (Oral)]. The prayer in this application is for waiver of pre-deposit and stay of recovery in respect of a duty amount of over Rs. 6.78 crores and an equal amount of penalty. The lower authority has confirmed the above demand of duty against the appellants (a Public Sector Undertaking) by denying them the benefit of exemption under Notification N .....

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..... n the basis of these findings, the lower authority denied the benefit of the above Notification to the assessee and raised the above demand of duty on them. Ld. Counsel for the appellants submits that they sold a major part of the electricity production of the material period to various State Electricity Boards and consumed only a minor part of the production for their own captive purposes. . The .....

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..... major part of the total allocation, was meant for sale to various State Electricity Boards. We have heard ld. SDR also, who has argued in defence of the impugned order. According to ld, SDR, the primary condition for the above exemption was not satisfied by the assessee inasmuch as they had, admittedly, consumed a considerable part of the electricity for their captive purposes. She has also submit .....

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