2013 (6) TMI 412

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....an; This stay petition is filed for the waiver of pre-deposit of an amount of Rs.1,07,20,184/- and interest thereof and equivalent amount of penalty and also personal penalties imposed on two employees of the company. 2. Heard both sides and perused the records. 3. The issue involved in this case is regarding differential duty demand on the appellant on the ground that the appellant has n....

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.....2OO2 and more specifically on paragraph -6 of the said Circular. 5. He would submit that the appellant has a prima facie case and hence any pre-deposit if ordered, will cause the appellant undue hardship. It is his submission that there is a question of limitation also as the appellant had been filing the returns regularly and audits of the records maintained by the appellants were taking plac....

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....sed the records. 8. On perusal of records, we find that the question of limitation raised by the learned counsel may not apply at least for a period of one year prior to the date of issue of show cause notice. As regards limitation for the earlier period, for the clearances made during the period 2005 to 12/2008, the issue is arguable one, which needs to be gone into detail after considering th....