2015 (2) TMI 605

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....e Petitioner : Shri K. K. Acharya For the Respondent : Shri S. Sharma, A.R. ORDER Per Dr. D. M. Misra This is an Application seeking waiver of predeposit of duty of Rs. 26.35 crore and equal amount of penalty imposed under Section 11AC of the Central Excise Act, 1944, read with Rule 25 of the Central Excise Rules, 1944. 2. At the outset, ld. Advocate for the Applicant submits that t....

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....eved by the said Order they had preferred an appeal along with stay application before this Tribunal, vide Appeal No.E/A/70733/13. While disposing their stay application after taking into consideration the payments made, the Tribunal vide Order No.SO/76720/2014 dated 20.11.2014, had waived the predeposit of the balance dues adjudged and stayed its recovery during the pendency of the appeal. He als....

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.... the period, 2009-10, he has filed the Statutory Auditors Certificate dated 05.12.2014, supported by an affidavit. He prays that the Applicant had incurred huge losses due to stoppage of mining activities, and any deposit at this stage would cause undue hardship to them. He prays that the matter may be remanded to the adjudicating authority for fresh decision. 3. Ld. AR for the Revenue reitera....

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....en passed ex-parter/ and also it is not disputed that the Appellant had not filed their reply to the Show Cause Notice nor appeared for hearing before the Adjudicating Authority. We are not impressed with the arguments of the ld. Advocate for the Appellant that they could not get sufficient time to submit their reply, after issuance of the Show Cause Notice, and later on, they were not accorded an....