2013 (11) TMI 539

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..... Central Excise, Jamshedpur [2013 (9) TMI 136 - CESTAT KOLKATA] wherein the Tribunal had directed M/s Tata Motors to deposit an amount of Rs.2.00 Crores and waived the balance dues against M/s Tata Motors and all other applicants - The issue involved is the same - the present stay application could not be heard on that date thus it is appropriate to waive the requirement of pre-deposit of penalty .....

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..... has further submitted that this issue has been decided by this Tribunal vide Order Nos.S-168-191/Kol/2013 dated 25.04.2013 in the cases of M/s Hyva (I) Pvt. Ltd. Others vs. Commr. of Central Excise, Jamshedpur, while disposing a bunch of stay applications. The contention is that the present stay application was not taken up by the Tribunal on a specific request that no instructions were received .....

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