2013 (11) TMI 491

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..... Ltd. [2011 (7) TMI 968 - CESTAT, NEW DELHI] - The Notification No.89/95-CE is available to the residues emerged in the form of gum/wax and recovered oil/fatty acids - the appellant is entitled to get stay of the proceeding - the applicant has already deposited an amount of Rs.12.00 Lakhs - By treating the same as sufficient for the purpose of Section 35F, the balance amount of duty and entire amou .....

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..... ellant claimed the benefit of the said Notification. 2. Revenue s contention is that the said products cannot be treated to be waste products and the same are bi-products, in which case exemption would not be available. Accordingly, after initiating the proceedings and due adjudication, demand of duty of Rs.69,56,253/- stands confirmed along with penalty of Rs.5.00 Lakhs. Our attention stands dr .....

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..... 89/95-CE dated 18.05.1995 is available to the residues emerged in the form of gum/wax and recovered oil/fatty acids. 3. In view of the above, we find that the latest decision of the Tribunal is required to be followed at the interim stage and the appellant is entitled to get stay of the proceedings. In any case, we find that the applicant has already deposited an amount of Rs.12.00 Lakhs approxi .....

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