2013 (9) TMI 698

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....LICATION No. 363 of 2013 - -<br>Central Excise<br>M. R. Shah And Sonia Gokani,JJ. For the Petitioner : Mihir Joshi Sr Advocate with Mr Dhaval Shah, Advocate ORDER (Per : Honourable Mr. Justice M. R. Shah) All these Applications have been preferred by the applicant-original appellant a public sector undertaking for an appropriate interim order to stay operation and implementation of the....

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....ears that as on today, the total liability of the applicant-company would be approximately Rs. 17 Crores; which would be inclusive of the duty liability, penalty and interest. It is reported that so far as the duty liability is concerned, the applicant had already deposited/paid the said amount of Rs. 4,62,11,753/=. It is also reported that a further sum towards part interest/penalty liability is ....

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....id to be a ground to grant interim relief; as prayed for. Therefore, it is requested to dismiss the present Applications. Heard learned advocates for the respective parties on interim relief. At the outset, it is required to be noted that in all these Applications, the relief sought for is the same. The first application, being OJCA No. 370 of 2010, was preferred at the time of preferring th....

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....licant. The aforesaid sum would be inclusive of the tax liability of Rs. 4,62,11,753/= and towards part liability of interest and penalty. On the substantial questions of law framed and stated in the order, while admitting the Tax Appeal, the Tax Appeal has been admitted. Under these circumstances and in the facts and circumstances of the case, more particularly when the applicant is a public sect....