2012 (1) TMI 183

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..... ppellant Ganesh Haavanur, Additional Commissioner (AR) : for the Respondent JUDGMENT: M. Veeraiyan, Technical Member 1. Heard both sides on the stay petitions. 2. The appellant is acting as an agent of foreign based buyer and finds exporters in India for the purpose of exporting sea food to the said foreign buyer. The LC for the purpose of export of sea food including the commission amount pa .....

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..... ,143/- in another case in addition to interests and penalties. 3. Learned Additional Commissioner (AR) opposes the application for waiver of pre-deposit on the ground that the appellants have received the commission in Indian rupees from the India based exporters who received from the foreign based buyers in foreign exchange. He also submits that the stay order of the Tribunal dated 20.09.2010 re .....

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..... n foreign exchange only. Further, in their own case for the earlier period, the Tribunal has waived pre-deposit of dues and we are not inclined to take a different view at this stage. The decision in the case of Manglam Yarn Agencies vs. CCE, Jaipur-II relied upon by the learned Additional Commissioner (AR) is on the appreciation of facts in the said case, where it has been clearly held that the p .....

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