9911796707
TMI Blog2006 (3) TMI 606X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : P.G. Chacko, Member (J)]. The adjudicating authority demanded duty of over Rs. 1 crore from the appellants on printed cartons for the period 2002-03 to 2004-05, denying them the benefit of SSI exemption Notifications relating to the above period. It also imposed on them a penalty of equal amount. After examining the records and hearing both sides, we find that the assessee h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion used in the SSI Notifications. The stand taken by the department is to the contra. Ld. Counsel for the appellants and Id. SDR have reiterated their respective positions. Ld. SDR has also argued that the so-called export clearances were actually clearances for home consumption inasmuch as (allegedly) the goods were used by the buyers for packing their manufactured goods. 2. Case law and circu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 14-10-2004 in the case of Commissioner v. M/s. International Corrugators [2005 (191) E.L.T. 742 (T.)] (Appeal No. E/2577/2004-NB) have also been cited by ld. Counsel in support of his point. Ld. Counsel has also relied on the Board s Circular No. 733/49/2003-C.X., dated 6-8-2003, wherein, dealing with the method of quantification of aggregate value of clearances in terms of SSI Notification Nos. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made out prima facie case for waiver of predeposit and stay of recovery. Accordingly, there will be waiver of predeposit and stay of recovery as prayed for. 4. Though there is no application before us for early disposal of the appeal, we are inclined to dispose of the appeal as early as possible, having regard to the high stake involved in the case. Accordingly, we direct the appeal to be posted ..... X X X X Extracts X X X X X X X X Extracts X X X X
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