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2012 (10) TMI 231

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....sp; Ajay Kumar Mittal, J.   1. This appeal has been preferred by the appellant under Section 35G of the Central Excise Act, 1944 (in short, "the Act") against the orders dated 3.7.2012 and 30.8.2012, Annexures A.7 and A.9 respectively in Appeal No.E/2462 of 2011 whereby the Customs Excise and Service Tax Appellate Tribunal, New Delhi (for brevity, "the Tribunal) has directed the appellant t....

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.... the appeal may be noticed. The appellant is a private limited company having two manufacturing units i.e. one at Udyog Vihar, Gurgaon and another at Manesar, Gurgaon. During the years 2004-05, 2005-06, 2006-07 and 2007-08, the appellant availed Cenvat credit on capital goods/inputs and paid duty on finished goods. On 24.9.2008, officers of respondent No.1 searched Unit No.2 of the appellant and o....

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.... 7 lacs in respect of goods found short. Aggrieved by the order, the appellant filed an appeal before the Tribunal alongwith stay application in terms of Section 35F of the Act. Vide order dated 3.7.2012, Annexure A.7, the Tribunal directed the appellant to deposit a sum of Rs. 32 lacs as pre-deposit for hearing the appeal. The appellant filed an application for modification of the order dated 3.....