2009 (1) TMI 584

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..... spondent. [Order per : P.G. Chacko, Member (J)]. - This application is for waiver of pre-deposit and stay of recovery in respect of duty of over Rs. 27.8 lakhs and equal amount of penalty. The applicant (appellant), as per the records before us, was selling pharmaceutical products to a few large-scale manufacturing units during the period of dispute. They paid duty in terms of Section 4(1) .....

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..... of the learned Commissioner (Appeals). 3. After considering the submissions, we are inclined to grant waiver and stay inasmuch as the goods in question were actually sold by the assessee to other manufacturing units under the latter s brand name. Apparently, such a case of sale of goods by the assessee to a buyer on principal to principal basis would not attract the Board s circular referred to .....

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