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TMI Blog2009 (4) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... directing the petitioner to deposit 25% of the duty – revenue pleaded that said tribunal’s order is stayed by HC – held that stay granted by the Division Bench does not alter the position in so far as, as on today, the law is as laid down by the Tribunal – strong prima facie case in petitioner’s favour - Appellate Authority should have granted full waiver of pre-deposit of the entire duty in dispu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ross value of sale for the period from July 2001 to September 2005 in so far as the value of materials are not included in the gross amount.He was also directed to show cause why differential tax including educational cess, interest under sec.75 and penalty under secs.76, 77 and 78 of Finance Act 1994 should not be demanded from the petitioner. Despite detailed replies submitted by the petitioner, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee. That being so, the legal issue is covered in favour of the petitioner and therefore there is no justification for directing the petitioner to deposit 25% of the duty. 3. The learned Senior Standing Counsel for Central Excise appearing for the respondent submits that the decision referred to by the petitioner is stayed by a Division Bench of this Court and therefore that decis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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