2000 (9) TMI 442

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.... the Respondents. [Order per : S.N. Busi, Member (T)]. - In this Stay Petition, M/s. Bihar Foundry & Castings Limited, Marar, makes a prayer for unconditional waiver of pre-deposit of duty of Rs. 98,14,200/- confirmed and penalties totalling Rs. 98,00,000/- imposed on the appellants vide Order-in-Original Nos. 37-39/Ayukt/99, dated 28-10-1999 of Commissioner of Central Excise, Jamshedpur. 2.&e....

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....notified goods from furnace No. 2 of the factory on payment of the normal rate of duty by debiting the PLA/RG 23A Part-II register and under cover of the Central Excise Invoices has been within the knowledge of the Department. In fact, on the advice of the jurisdictional central excise authorities, separate RT-12 returns for notified and non-notified goods are being submitted every month regularly....

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....exercise option in respect of non-notified goods. He, therefore, emphatically contends that there is no warrant to demand any duty on the goods manufactured in furnace No. 2 under the compounded levy scheme. Arguing on the demand of duty of Rs. 3,14,200/- for the month of August, 1997, the learned Advocate argues that it has been raised on the basis as if for August, 1997 duty was payable at norma....

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....ng contained in the impugned order. He submits that in view of the well reasoned findings of the learned Commissioner, the prayer of the appellants for waiver of pre-deposit of duty and penalty merits outright rejection. 4. After hearing the rival contentions and on a cursory glance at the evidence on record, we find that on merits the matter is arguable from both sides. We note that the app....