2002 (10) TMI 356

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..... [Order per : P.G. Chacko, Member (J)]. - In this application, the prayer is for waiver of pre-deposit of an amount of duty of Rs. 18,97,993/- and equal amount of penalty and for stay of recovery thereof, pending the appeal. 2. In the order of the Commissioner impugned in the appeal before us, a major part of the duty confirmed by the Commissioner appears to be on account of addition of ....

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...., this Tribunal held that freight and insurance were not includible in the assessable value. He further submits that the said decisions have been approved by the Apex Court. Fairly enough, Counsel points out that a Larger Bench of this Tribunal has decided to the contra in the case of Prabhat Zarda Factory Ltd. [2000 (119) E.L.T. 191 (T-LB) = 2000 (38) RLT 637] and also that the assessee's appeal ....

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....es the Counsel's plea against invocation of extended period. 4. We have considered the submissions. It appears from the submissions made by the Counsel that the principal issue involved in this case is pending before the Apex Court. Though the Larger Bench decision of this Tribunal, which would prevail over contra decisions of regular Benches, is in favour of the Revenue, it appears to us fr....