2012 (2) TMI 426

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....vocate, for the Appellant. Shri Ganesh Haavanur, Addl. Commissioner (AR), for the Respondent. ORDER This application filed by the appellant seeks waiver and stay in respect of Central Excise duty of Rs. 95,82,497/- demanded from them for the period from 9-5-2005 to 20-10-2008 and also in respect of equal amount of penalty imposed on them. On a perusal of the records, we note that the abov....

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....he export obligation is discharged within the period as specified in the said licence or authorization or within such extended period as may be granted by the Licensing Authority or Regional Authority by exporting resultant products manufactured in India and in respect of which facility under rule 18 or sub-rule (2) of rule 19 of the Central Excise Rules, 2002 has not been availed : Provided th....

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.... 3. Learned counsel has also claimed the benefit of a Stay Order passed by this Bench vide Nuthatech Nutricare Technologies v. CCE - 2010 (262) E.L.T. 734 (Tri.-Bang.) wherein waiver and stay were granted in respect of an amount of duty of excise which was demanded from the assessee on the ground that the benefit of the two notifications could not have been simultaneously availed by them. Both sid....