2009 (8) TMI 883

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..... have heard both sides on the application for waiver of pre-deposit of balance duty amount of approximately Rs. 25 lakhs (out of the total duty demand of Rs. 42,15,595/- confirmed against the appellants representing credit availed on capital goods removed between 19-10-2005 and 24-1-2006 from the factory, an amount of Rs. 16,49,953/- stands paid) together with interest and penalty of Rs. 8,50,000/ .....

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..... the manufacturers. Therefore, prima facie they are required to reverse the amount equal to the credit availed and the method adopted by them of paying duty on the transaction value is prima facie contrary to the provisions of the Rules. In this view of the matter, we find that no strong prima facie case for unconditional stay has been made out by the applicants. We therefore direct the applicants .....

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