2011 (2) TMI 570

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....ri S. Chopra, A.S.G.I., for the Respondent. [Order]. - The facts : The M/s. Marble Art (the Assessee) imports the marble blocks. They are cut into marble slabs and after polishing sold in the market. 2. A notice was given to it by the Excise Department (the Department) under the Excise Act, 1944 (the Act) for the period from November, 2005 to January, 2006 for payment of excise duty ....

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.... and Shri. Shambhu Chopra, counsel for the Department in this appeal, the following substantial question of law is involved. 'Whether the application for waiver of pre-deposit could be rejected without considering the prima facie case.' The Decision 6. The counsel for the appellant submitted that : * In view of the Aman Marble Industries Pvt. Ltd. v. CCE - 2003 (157) E.L.T. 3....

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.... Ex., Meerut-I, 2005 (184) E.L.T. 347 (All.), after noticing the various decisions of the Supreme Court has held that : * The Court should consider 'undue hardship' which may be caused by dismissing the stay application. * The phrase 'undue hardship' would cover a case where the appellant's case has a strong prima facie case. * The phrase also covers connotation where there....