2009 (7) TMI 1008

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....Respondent. [Order per : M. Veeraiyan, Member (T) (for the Bench) (Oral)]. - Heard both sides extensively on the stay petitions one by company and the other by the Director of the appellant-company. 2.  Relevant facts, in brief, are that the appellant, using the scrap of brass and copper, manufactures billets, untrimmed sheets and by trimming the untrimmed sheets get trimmed sheets and circ....

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....r de novo consideration. The submission of the learned advocate is that Commissioner (Appeals) has gone beyond the original demand amounting to Rs. 62 lakh by the Asstt. Commissioner, and demanded duty of Rs. 1,75,78,342/- holding that the appellant is not eligible for benefit of notifications No. 1/93 and 67/95. The duty amount relating to the denial of benefit of concession under 67/95 is report....

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....him, is erroneous. If this exemption is made available, no demand survives. Further substantial portion of demand of Rs. 2.7 crores, raised by show cause notice is time barred. 5.  Learned advocate also submits that the company is facing financial hardship. Company has made profit of Rs. 30 lakh in the financial year 2007-08. Any huge deposit will hamper the profit of the company. 6.  ....