2000 (9) TMI 442

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....lant.  Shri R.K. Roy, JDR, for 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 Commissi....

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..... The manufacture and clearance of the non-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 good....

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....tally misconceived as there is no scope to 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....

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....aring for the Revenue, reiterates the reasoning 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....