1. Search Case laws by Section / Act / Rule — now available beyond Income Tax. GST and Other Laws Available
2. New: “In Favour Of” filter added in Case Laws.
Try both these filters in Case Laws →
TaxTMI Login
🚀 New: Section-Wise Filter ✕
Just a moment...
1. Search Case laws by Section / Act / Rule — now available beyond Income Tax. GST and Other Laws Available
2. New: “In Favour Of” filter added in Case Laws.
Try both these filters in Case Laws →
Press 'Enter' to add multiple search terms. Rules for Better Search
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
<h1>CESTAT Mumbai: Order Set Aside, Case Remanded for Reconsideration under Virlon Textile Mills</h1> The Appellate Tribunal CESTAT, Mumbai set aside the Order-in-Appeal and remanded the case to the Commissioner (Appeals) for reconsideration based on the ... Stay/Dispensation of pre-deposit - Demand and penalty Issues: Application for waiver of pre-deposit of duty and penalty arising from denial of benefit of Notification No. 2/95 for clearances to DTA against foreign exchange payment.Analysis:1. The case involved an application for waiver of pre-deposit of duty and penalty amounting to Rs. 50,38,894/- and Rs. 5 lakhs respectively, following the denial of benefits under Notification No. 2/95 for clearances made to DTA against payment in foreign exchange. The Dy. Commissioner of Central Excise confirmed the demand, leading to an appeal before the Commissioner (Appeals) who dismissed the stay application and appeal. The Tribunal, in a previous case, had held that Notification 2/95 covered clearances as per Para 9.10(b), similar to the applicants' case. The Tribunal set aside the Order-in-Appeal and remanded the case to the Commissioner (Appeals) for reconsideration based on the Virlon Textile Mills decision.2. The Commissioner (Appeals) did not alter the quantum of pre-deposit, citing the lack of documentary evidence from the applicants to support their claim of clearing goods to DTA against foreign exchange payment. Consequently, the stay application and appeal were dismissed for non-compliance with the waiver order. The matter was brought before the Tribunal, where both sides were heard. It was noted that the applicants had prima facie submitted proof of clearance to DTA against foreign exchange before the Commissioner (Appeals). The Tribunal held that a prima facie case for total waiver had been established, leading to the dispensation of pre-deposit of duty and penalty, with recovery stayed pending the appeal.This detailed analysis of the judgment provides a comprehensive understanding of the issues involved, the legal proceedings, and the final decision reached by the Appellate Tribunal CESTAT, Mumbai.
TaxTMI 
TaxTMI 
