2014 (6) TMI 750

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ar Das All the applications are arising out of a common order and, therefore, all are taken up together for disposal. 2. The applicant, M/s. Mother's Education Personna Pvt. Ltd., filed this application for waiver of pre-deposit of duty of Rs.10,73,535/- along with interest and penalty. The other applicants are Directors of M/s. Mother's Pride Education Personna Pvt. Ltd., and filed thes....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....edeem the car on payment of duty, fine and penalty and TR (Transfer of Residence) benefit was denied. However, the present proceeding is clearly hit by principle of res judicata. Relying on the decision of the Hon'ble Supreme Court in the case of Madan Meakin Ltd. Vs Commissioner of Central Excise, Kochi reported in 2000 (115) E.L.T. 3 (S.C.). 4. After hearing both sides and on perusal of the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... it is well settled that the principle of res judicata would not apply in taxation matter. So, prima facie, there is no force in the submission of the learned Counsel. The learned Authorised Representative on behalf of the Revenue submits that it is clearly evident from the impugned order that there is a joint agreement between the original importer and the applicant, while securing a bank loan. I....