2002 (1) TMI 755

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....ant. Shri Mewa Singh, SDR, for the Respondent. [Order per : G.R. Sharma, Member (T)]. -  M/s. Birla Corporation Ltd. have filed a Stay Application No. E/S/1496/2001-NB praying for stay of recovery of the duty demanded for Rs. 28,56,901/- (Rupees twenty eight lac fifty six thousand nine hundred one), in Appeal No. E/1921/2001-NB. The applicant has filed Miscellaneous Application No. E....

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....se Act, 1944 provides for deposit of duty demanded or penalty levied pending finalisation of the appeal. He submits that there is no mention of interest. Learned Counsel submits that duty does not include interest nor penalty can be stated to include interest and since the law specifically provides for deposit of duty demanded and penalty imposed, therefore, predeposit of interest may be waived. ....