1997 (9) TMI 173

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....in, SDR, for the Respondent. [Order per : G.R. Sharma, Member (T)]. - Pursuant to the directions of the Hon'ble Delhi High Court the applicants have filed a fresh stay petition. 2. Arguing the stay petition for dispensing with pre-deposit of duty and penalty Ms. Malini Sood, ld. Counsel submitted that the applicants had not been given an opportunity of personal hearing and explaining....

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....ispensing with the pre-deposit of duty and penalty Shri P.K. Jain, ld. SDR submits that Trade Practice is to take a deposit from the dealer against the cost of glass bottles. He submits that the amount shown as rotation charges is only breakage charges and that it has nothing to do with the rotation cost. He submits that when Section 4 of the Central Excise Act, 1944 allows deduction of the cost o....