2005 (10) TMI 132

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..... ree matters are listed for admission, as the amount involved in the appeals is less than Rs. 50,000/-. I find that the penalty is imposed on the same person and the total of the penalty in all the three appeals is more than Rs. 50,000/- and hence appeals are admitted. 2. The learned advocate submits that the imposition of the penalty on the applicant is under Rule 173Q(1)(bbb) of the Central Exc .....

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..... defraud the revenue by passing on the ineligible credit. He also submits that the statement supposed to be retracted was done almost after three years, and hence is an after thought. 4. Considered the submissions of both sides. I find that the penalty is imposed on the applicant under Rule 173Q(1)(bbb) of the Central Excise Rules, 1944. Under this Rule the penalty can be only imposed if the asses .....

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..... examined before the adjudicating authority would not mean that the same was done as an after thought. I am of opinion that the applicant has made out a strong prima facie case for the waiver of the pre-deposit of the penalties imposed on him. Pre-deposit of the penalties imposed are waived and the recovery thereof stayed till the disposal of the appeals. (Operative part of this order was pronoun .....

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