TMI Blog2014 (4) TMI 986X X X X Extracts X X X X X X X X Extracts X X X X ..... tice be served in waiving of the pre-deposit of duty up to 50 per cent - Conditional stay granted. - Central Excise Appeal Defective No. 8 of 2014 - - - Dated:- 21-1-2014 - Ashok Bhushan and Mahesh Chandra Tripathi, JJ. Shri A.P. Mathur, for the Appellant. Shri B.K.S. Raghuvanshi, Sr.S.C., for the Respondent. ORDER Heard Shri A.P. Mathur for the appellant and Shri B.K.S. Ragh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ether the appeal filed by the appellant was within time which was still to be considered and adjudicated. He submits that the finding in the appellate order in respect of service on the appellant was not correct and it has been challenged by the appellant in the appeal before the Tribunal. He has referred to para 2.1 of the appellate order wherein it has been observed that the Cenvat credit has wr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it was barred by time, we are of the view that ends of justice be served in waiving of the pre-deposit of duty up to 50 per cent. 8. Subject to depositing 50 per cent of the entire duty within four weeks from today, the pre-deposit of the interest and penalty shall be waived and its recovery be stayed. 9. We, however, observe that on deposit of the aforesaid amount the appellate authority sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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