https://www.taxtmi.com/caselaws?id=126206 CESTAT, New Delhi granted only partial stay in an excise dispute arising from excess DTA clearances, holding that Notification No. 8/97-C.E. did not protect clearances beyond the Development Commissioner's limits. The Tribunal rejected the limitation plea, finding no basis to compute time from the quarterly permissions, but accepted prima facie that valuation could be worked on a cum-duty basis. It also found the financial hardship claim unsubstantiated, yet considered the challenge to mandatory penalty under Rule 25 of the Central Excise Rules, 2002 to have prima facie merit. Partial waiver of pre-deposit was allowed subject to deposit of Rs. 50,00,000, with the balance stayed pending appeal. en-us Fri, 08 May 2009 00:00:00 +0530 Sat, 03 Nov 2012 12:47:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=126206 CESTAT, New Delhi granted only partial stay in an excise dispute arising from excess DTA clearances, holding that Notification No. 8/97-C.E. did not protect clearances beyond the Development Commissioner's limits. The Tribunal rejected the limitation plea, finding no basis to compute time from the quarterly permissions, but accepted prima facie that valuation could be worked on a cum-duty basis. It also found the financial hardship claim unsubstantiated, yet considered the challenge to mandatory penalty under Rule 25 of the Central Excise Rules, 2002 to have prima facie merit. Partial waiver of pre-deposit was allowed subject to deposit of Rs. 50,00,000, with the balance stayed pending appeal. Case-Laws Central Excise Fri, 08 May 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=126206