1997 (4) TMI 226

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..... Murugandy, DR, for the Respondent. [Order per : V.P. Gulati, Vice President]. -  These applications have been filed for dispensation of pre-deposit of duty and penalties levied under the impugned order in the common proceedings against the applicants. The amount of duty involved in each of the cases and penalty involved is as under :-   A. No.    Duty &....

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....d the benefit of Notification 175/86 and Notification 1/94 as the brand name stated to have been used was that of a foreign brand name owner. He has pleaded that in similar cases the Tribunal has taken divergent views as to the eligibility of the notification in question and the matter has been referred to Larger Bench for resolution of issue in the case of Sharp Business Machines reported in 1995....

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....n. 6. In the facts and circumstances of the case and also taking note of the fact that provision for levy of statutory penalty came to be introduced on 20-9-1996 and statutory penalty of 100% could not have been levied in the light of the judgment of Hon'ble Supreme Court in the case of Brij Mohan v. CIT - 120 ITR 1, we order that on the applicant M/s. Nu-Tread pre-depositing a sum of Rs. ....