2013 (5) TMI 628

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....For the Respondents : Mr. Sukhdev Sharma, Advocate ORDER Hemant Gupta, J. (Oral) Present appeal under Section 35-G of the Central Excise Act, 1944 (for short 'the Act') arises out of an order passed by the Customs, Excise & Service Tax Appellate Tribunal (for short 'the Tribunal') dated 26.9.2012 (Annexure A-5), whereby on an application for waiver of the amount of pre-deposit of duty, th....

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....ppellant is that the medicaments bearing the brand name of the appellant-company are cleared without payment of duty by availing the benefit of Notification No.8/2003-CE dated 1.3.2003 and that the appellant is not availing any Cenvat credit of duty paid on inputs used in or in relation to manufacture of such medicaments. But the appellant is claiming benefit of Cenvat credit of duty paid on input....

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....he assesse's own case in a judgment reported as Cure Quick Remedies P. Ltd vs. Commissioner of Central Excise, Panchkula, 2010 (255) E.L.T 249. The fact that the said judgment was relied upon by the appellant is evident from the para 3 of the order. Such judgment finds mention at Sr.No.A of the judgments referred to by the appellant. However, the said judgment has not been considered while deci....