1997 (5) TMI 388

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....e Appellant. Shri T. Prem Kumar, SDR, for the Respondent. [Order per : P.C. Jain, Member (T)]. -  Ld. Advocate, Shri K.K. Banerjee, prays for waiver of pre-deposit and stay of recovery of Rs. 20,73,760/- demanded as duty and of Rs. 5,00,000/- imposed as penalty. The demand of duty is for the period 1991-92 to 1994-95 (up to December, 1994). The applicants/appellants herein have been ....

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....refore, the two units of the said two Companies are one and the same manufacturer. Consequently, Clause (a) of para 3 of the Notification 1/93 has been made applicable by the adjudicating authority. 2. Ld. Advocate, Shri K.K. Banerjee, has submitted that this finding of the adjudicating authority is totally without any basis unless the Central Excise law or the Notification itself gives su....

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....p;            (iii) where industrial undertakings are set up by companies under the Companies Act, 1956 (1 of 1956) and industrial undertaking shall be considered to be controlled by other industrial undertaking if - (a)      the equity holding by other industrial undertaking in it exceeds 24% of the total equity ; ....

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....nder IDRA. He further submits that the intention of the Central Excise Notification 1/93 is to the benefit of genuine Small-Scale Industry and not Small- Scale Industry which is one on paper and controlled by another bigger industrial unit. 4. We have carefully considered the pleas advanced from both sides. We agree with the submission of the ld. Advocate for the applicants/appellants. Def....