2004 (5) TMI 475

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....he Appellant. Shri H.C. Verma, JDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. -  These are 2 applications for waiver of pre-deposit of following amounts of duty :- (1) M/s. Flex Inds. Ltd. Rs. 11,44,152/- (2) M/s. FCL Technologies & Products Ltd. Rs. 28,86,224/- 2. Shri K.K. Anand, learned Advocate, submitted that the demands have been confirmed ....

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....2001 that coercive step for realization of the amount from the petitioner not be taken till further orders; that in view of this they may not be directed to make any pre-deposit under Section 35F of the Central Excise Act. He also submitted the Supreme Court in the case of C.C.E., Hyderabad v. Associated Cement Co. Ltd. - 2003 (151) E.L.T. 12 (S.C.) has held that the assessee is entitled to get th....

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....l; that the Hon'ble Madhya Pradesh High Court had only ordered the respondent in writ petition not to take any coersive measure for realizing the due; that any amount directed to be pre-deposited under Section 35F of the Central Excise Act is not a coercive measure. He finally mentioned that the decision in Associated Cement Co. Ltd. has been pronounced on the basis of old Rule 57B without bringin....