2002 (2) TMI 446

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....tul Dixit, SDR, for the Respondent. [Order per : G.R. Sharma, Member (T)]. - M/s. Plyboard Industries Ltd. have filed this Appeal along with Stay Petition. In the Stay Petition there is a prayer for waiving pre-deposit of duty amounting to Rs. 22,63,878/- (Rupees twenty two lac sixty three thousand eight hundred seventy eight) and penalty of Rs. 5,000/- (Rupees five thousand). 2. Arg....

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..... He submitted that M/s. Plyboard Industries Ltd. is a separate legal entity; that it maintains its own financial accounts and separate balance sheet; that the appellants had applied for registration submitting all the relevant information, however, no licence was granted; that there was no case for clubbing the clearances of other units with the present appellants which was being run by the Jammu....

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....ubmits that the applicant company had deposited a sum of Rs. 5.0 lac (Rupees five lac) earlier which is still lying with the Department. He, therefore, prays that pre-deposit of duty may be waived and the matter may be sent back to the Authorities below to examine their case in the light of the Explanation V to Notification No. 175/86 and in terms of the decision of this Tribunal in the case of TA....