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of <h1>CESTAT grants waiver of duty & penalty, disagrees with lower authority, stays order for final hearing</h1> <h3>SWASTIK PIPES LTD. Versus COMMISSIONER OF CENTRAL EXCISE, ROHTAK</h3> SWASTIK PIPES LTD. Versus COMMISSIONER OF CENTRAL EXCISE, ROHTAK - 2009 (246) E.L.T. 171 (Tri. - Del.) The Appellate Tribunal CESTAT, New Delhi allowed the appeal challenging the denial of exemption under Notification No. 3/04-C.E. for pipes utilized beyond the first storage facility. The Tribunal found the lower authority's view not in line with the exemption notification and granted total waiver of duty and penalty. The impugned order was stayed without pre-deposit, allowing the appeal to proceed for final hearing.
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