9911796707
TMI Blog2013 (9) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Excise X X X X Extracts X X X X X X X X Extracts X X X X ..... of the applicant-company would be approximately Rs. 17 Crores; which would be inclusive of the duty liability, penalty and interest. It is reported that so far as the duty liability is concerned, the applicant had already deposited/paid the said amount of Rs. 4,62,11,753/=. It is also reported that a further sum towards part interest/penalty liability is also paid. It is further reported that in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rayed for. Therefore, it is requested to dismiss the present Applications. Heard learned advocates for the respective parties on interim relief. At the outset, it is required to be noted that in all these Applications, the relief sought for is the same. The first application, being OJCA No. 370 of 2010, was preferred at the time of preferring the main Tax Appeal. At the relevant time, Division B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax liability of Rs. 4,62,11,753/= and towards part liability of interest and penalty. On the substantial questions of law framed and stated in the order, while admitting the Tax Appeal, the Tax Appeal has been admitted. Under these circumstances and in the facts and circumstances of the case, more particularly when the applicant is a public sector undertaking and the fact that if the recovery proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all be appropriated towards the duty liability and interest. However, aforesaid adjustment shall be without prejudice to the rights and contentions of respective parties in the main Tax Appeal. With this, rule is made absolute to the aforesaid extent so far as OJCA No. 363 of 2013 is concerned. In view of the order passed in OJCA No. 363 of 2013, no further orders are required to be passed on OJ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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