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2011 (9) TMI 568

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....application is at the instance of an manufacturer and is directed against order dated 25th April, 2011 passed by the Customs, Excise and Service Tax Appellate Tribunal, East Regional Bench, Kolkata in MA (C)OD)-28/09 and SP-23/09 (in Ex. Appeal No.23/09) thereby affirming the demand of pay.   Being dissatisfied, the manufacturer has come up with the present application.   There was a demand for Rs.1,46,37,793/- towards duty along with interest thereon and also a penalty of Rs.5 lakh had been imposed on the appellant.   The demand had arisen because during the period from November, 2006 to March, 2007, the appellant company defaulted in payment of central excise duty within the due date.   Subsequently, the Assistant ....

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.... 25 of the Central Excise Rules, 2002.   Subsequently, the Commissioner of Central Excise by order dated 31st March, 2008 passed an order by which the appellant was directed to pay duty of Rs.1,46,37,793/- along with interest and further a sum of Rs.5 lakh was imposed as penalty under the provisions of Rule 25(i)(a) read with Rule 8(3A) of the Central Excise Rules, 2002.   Being dissatisfied, the appellant preferred an appeal before the the Customs, Excise and Service Tax Appellate Tribunal, and by the order dated 25th April, 2011 the said Tribunal dismissed the appeal preferred by the manufacturer and affirmed the order of demand.   Being dissatisfied, the manufacturer has come with the present application under Section 3....