2011 (2) TMI 1063

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....er (Judicial) This stay petition is for waiver of pre-deposit of 25% of the amount of penalty.  2. After hearing both sides for sometime on the stay petition, we find that the appeal itself could be disposed of at this juncture as the issue lies in a narrow compass. 3. Heard both sides on the appeal. 4. As seen from the record, the appellant is not disputing the confirmation of the demand....

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....vs. J.R. Fabrics P. Ltd. 2009 (238) ELT 209 will squarely cover the issue in favour of appellants, for the proposition that, if the duty liability and interest thereof is paid off before issuance of show-cause notice, provisions of section 11AC for reduced penalty of 25% of the amount of duty can be extended to assessee. 5. In view of the above and in the facts and circumstances of this case, we ....