2002 (10) TMI 716

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..... Gupta, Advocate, for the Appellant. Shri Mewa Singh, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - Examined the records and heard both sides. 2. This matter has come up before us in the second round of litigation. In the earliest round, the appeals filed by the parties were against an order passed by the Commissioner confirming a demand of duty of over  ....

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....re against this decision of the Commissioner and the present applications seek waiver of pre-deposit of the duty and penalty amounts and stay of recovery thereof pending the appeals. 3. Ld. Senior Counsel appearing for the applicants points out that the deposit of an amount of Rs. 45,17,034/- made by the assessee at the investigative stage of the case is still lying with the department and....

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....that an amount of over Rs. 45 lakhs is admittedly lying with the department. The duty confirmed by the Commissioner is only a little over Rs. 47 lakhs. We further find that, in the earlier proceedings, the Commissioner had not found it a fit case for imposing mandatory penalty on the assessee under Section 11AC, but she chose to impose such penalty on the party in the impugned order. Prima facie, ....