TMI Blog2013 (11) TMI 1188X X X X Extracts X X X X X X X X Extracts X X X X ..... er of pre-deposit of penalties imposed by the lower authorities on the appellants for violating the provisions of Rule 26 of Central Excise Rules, 2002. 2. Heard both sides. 3. On consideration of the submissions made by both sides and perusal of the records, I find that penalties have been imposed under Rule 26 of Central Excise Rules, 2002 on both the appellants, on the ground that they have f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the firm, is the law which has been decided by the Hon'ble High Court of Gujarat in the case of Mohammed Farookh Mohammed Ghani 2010 (259) ELT 179 (Guj.) and in the case of Jai Prakash Motwani 2010 (258) ELT 204 (Guj.). 4. Ld. Departmental Representative relied upon the judgment of Hon'ble Supreme Court in the case of Agarwal Trading Corpon & others 1983 (13) ELT 1467 (SC) for the proposition tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds only) within a period of eight weeks from today and report compliance on 23.08.2013 before Deputy Registrar. Deputy Registrar, on ascertaining such compliance, will place the file before the Bench on 30.08.2013 for passing an appropriate order. Subject to such compliance being reported, the applications for waiver of pre-deposit of balance amounts involved are allowed and recovery thereof staye ..... X X X X Extracts X X X X X X X X Extracts X X X X
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