2009 (1) TMI 631

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..... the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. After hearing both sides for some time on the applications for waiver of pre-deposit of duty of Rs. 12,84,81,532/- confirmed against M/s. Agni Steels Private Limited, Erode and Rs. 63,76,514/- against M/s. Agni Steels Pvt. Limited (Sponge Iron Division), and penalties of Rs. 12,96,39,122/- plus Rs. 63,76,514/-and penalties .....

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..... Notices was issued in September 2007; on 1st October 2007, the assessee once again wrote to the Commissioner requesting copies of fresh documents relied upon in the corrigendum issued in September 2007. In the meanwhile, on 24-8-07, the assessees were informed in writing by the office of the Commissioner of Central Excise that the documents relied upon in the Show Cause Notices were in the possess .....

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..... 7 from the Dy. Commissioner (Adjudication) Central Excise, Salem to approach the DGCEI for obtaining the relevant documents. The impugned order was passed on 12-12-07 and the assessees were supplied the copies of the relied upon documents by the office of the DGCEI on 19-12-07 i.e. after passing of the impugned order. 3. In these circumstances, we see no option but to set aside the impugned orde .....

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