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2008 (12) TMI 647

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..... . S/ 667/WZB/AHD/2008 dated 30-7-2008 [2009 (13) S.T.R. 429 (Tri. - Ahmd.)], the appellants were directed to deposit an amount of Rs. 60 lakhs out of total duty amount of Rs. 2.06 crores and penalty of Rs. 4.13 crores. The said direction was made after appreciating the appellant s contention on merits and it was observed that they have not made out a prima facie case, so as to allow the stay petit .....

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..... learned Advocate draws our attention to another modification filed by him and argues that in view of the subsequent decision of the Tribunal, the direction to deposit the balance amount needs to be modified. Specific reliance stand placed on the Tribunal s decision in the case of Reliance Industries Ltd. v. CCE, Rajkot - 2008 (12) S.T.R. 345 (Tri.-Ahd.) as also upon the Board s Circular No. 43/5/9 .....

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..... ursable expenses and it would not be applicable to the fact of the present case. As such, the learned SDR prays for rejection of the modification application and consequent dismissal of appeal as the said order does not stand complied with by the appellants. 5. After appreciating the submissions made by both the sides and after going through the grounds raised in the modification application, we .....

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