Tribunal Orders Pre-Deposit of Duty with Waiver & Stay on Penalty The Tribunal directed the appellant to pre-deposit the duty amount within ten weeks, following the Supreme Court's precedent. Upon compliance, waiver and ...
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Tribunal Orders Pre-Deposit of Duty with Waiver & Stay on Penalty
The Tribunal directed the appellant to pre-deposit the duty amount within ten weeks, following the Supreme Court's precedent. Upon compliance, waiver and stay were granted for the penalty and interest on duty.
Issues: Application for waiver and stay of duty and penalty imposed on the appellant.
Analysis: The appellant, engaged in the manufacture of excisable products, was demanded duty of Rs. 15,70,80,284/- for a specific period and a penalty of Rs. 50 lakhs. The issue revolved around the classification of 'COREX gas' as carbon monoxide under a particular sub-heading of the CETA Schedule. A previous case had ruled against the appellant on this matter. The appellant had filed Civil Appeals before the Supreme Court, which were admitted on the condition of pre-depositing the entire duty amount. The appellant had complied with this condition. In the current case, the Tribunal found the demand to be within the normal period and directed the appellant to pre-deposit the entire duty amount within ten weeks, following the apex court's precedent. Upon compliance, waiver and stay were granted regarding the penalty and interest on duty.
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