2013 (8) TMI 536

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....aiya, AR. PER : M V Ravindran This stay petition is filed for the waiver of pre-deposit of the following amounts: Appellant Duty Demand Penalty Interest M/s. Janak Raj Gupta & Co. Ltd. Rs. 1,25,93,132/- Rs. 1,25,93,132/- As applicable Shri Sanjeev Mahajan -- Rs. 10,00,000/- -- 2. The above and amounts have been confirmed by the adjudicating authority on....

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....d parts, and various other machinery lying in the premises of M/s. Gujarat Narmada. It is his submission that the Revenue Authorities want excise duty on these items under the Chapter No.72 or 84, as the case may be, as waste and scrap generated. 4. He would also submit that the issue involved in this case is regarding the discharge of excise duty on the waste and scrap generated during the rep....

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....n of duty liability on the dismantled scrap may not arise. At the same time, we find that the lower authorities have also recorded that the appellant herein has conceded that there is a clearance of cenvat availed semi finished goods, since the unit was declared as wound up in August 1995, there is strong force in the contentions raised by the ld. counsel that M/s. Gujarat Narmada would have close....

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....pose the appeal, as the issue needs deeper consideration which can be done only at the time of final disposal of the appeal. Accordingly, we direct the appellant to deposit an amount of Rs.5 lakhs. At this juncture, ld. counsel submits that the appellant's bank guarantee of Rs.5 lakhs were encashed in some other proceedings by the Revenue Authorities which is recorded by the Commissioner (Appeals)....