2014 (5) TMI 1050

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....ukhdev Sharma, Advocate for respondent No.2 ORDER In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has impugned stay order dated 17-12-2013 (Annexure P-1) passed in Appeal No. E/58574/2013 by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (in short "the Tribunal") directing the petitioner to deposit a sum of Rs. 40 lacs as pre....

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....ials of the seller unit were recorded on various dates. Accordingly, a notice dated 20-4-2012 was issued to the petitioner to show cause as to why Cenvat credit amounting to Rs. 1,44,52,571/- along with interest and penalty be not recovered. The petitioner submitted reply dated 16-11-2012 to the said show cause notice. The adjudicating authority vide order dated 11-4-2013 (Annexure P-2) confirmed ....

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.... primary dispute that arises for consideration in this petition relates to the quantum of pre-deposit to be made by the petitioner as a condition precedent for the hearing of the appeal by the Tribunal. 6. This Court vide order dated 7-2-2014 directed that on deposit of Rs. 10 lacs by the petitioner by 11-2-2014, the Tribunal shall not dismiss the appeal for want of pre-deposit. However, t....