2014 (1) TMI 161

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....ISTED BY SHRI A.BISWAS, ADVOCATE For the Respondent: SHRI A.K.BISWAS, A.R.(SUPDT.) JUDGEMENT Per Dr. D. M. Misra This is an Application seeking waiver of predeposit of duty of Rs.43,93,959.00 and equal amount of penalty imposed under Section 11AC of the Central Excise Act, 1944. 2. At the outset, on a query from the Bench, as to whether necessary clearance has been obtained from the....

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....g as on the date of the decision of Hon'ble Supreme Court in Electronics Corporation of India's case (supra). 4. Undisputedly, the present Appeal was filed on 06.09.2010 and no permission from the COD has been obtained by the Applicant/Appellant, nor any proof that any application has been pending permission before the COD, has been produced before us. This Tribunal in Burn Standards case (sup....