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2015 (1) TMI 494

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..... dent : Shri S.P.Pal, Appraiser (A.R.) ORDER Per Dr. I. P. Lal 1. This is an Application filed seeking waiver of pre-deposit of Central Excise duty of Rs. 1,39,786/-, interest (not quantified) and the penalty of equal amount imposed on the assessee under Section 11AC of the Central Excise Act, 1944. 2. The Ld.Consultant appearing for the Applicant has submitted that the assessee during the mont .....

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..... Govt. of India. He invited attention to the certificate granted by the Secretary to the Government, Finance Deptt., Govt. of Tamil Nadu, Chennai at page 13 of the paper book which shows that the work was executed under World Bank assistance vide Loan No.LN 4798-IN. On the said certificate name of the Applicant has been shown for supply of the materials under the above project. It is the contentio .....

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..... e Notification No.108/95 as amended exempts the goods supplied to an international organization listed in the Annexure appended below, the said Notification for use in a project  that has been approved by the Government of India and financed (whether by a loan or a grant) by such an organization. The Notification stipulates that exemption Notification would be available provided a certificate .....

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..... e assessee is specifically appearing on the certificate issued by Secretary to the Government, Finance Deptt., Govt. of Tamil Nadu, Chennai. In view of these facts prima facie we are of the opinion that the Applicant has been able to make out a case for full waiver of the pre-deposit. Under these circumstances we waive requirement of pre-deposit and stay recovery thereof during pendency of the App .....

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