2009 (4) TMI 757

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....he Respondent. [Order per : M.V. Ravindran, Member (J) (Oral)]. -  This stay petition is directed against the waiver of the pre-deposit of the amount of duty of Rs. 4,32,322/-. 2. Heard both sides and perused the records. 3. The confirmation of demand has arisen on the ground that the applicant had taken suo motu credit of the amount. The learned Chartered Accountant appearing o....

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....(2) of Central Excise Rules, 2002, would enable the applicant to adjust the excess amount of excise duty paid by them for the subsequent period. In our considered view, the amount paid second time by the applicant would get covered under the excess payment of excise duty, though strongly contended by the learned JDR. We find that applicant has made out a prima facie case for waiver of the pre-depo....