2015 (10) TMI 900

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....topadhyay, Consultant For the Respondent : Sri S. Sharma, Commissioner (A.R.) ORDER Per DR. D.M. MISRA Heard both sides. 2. This Tribunal while disposing the Stay Applications seeking waiver of pre-deposit of duty of Rs. 3.56 Crores and equal amount of penalty, after recording reasons directed pre-deposit of 25% of the duty confirmed and to report compliance on 2nd January, 2014. Aggrieved by....

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....d the Hon'ble High Court for condonation of the delay in making the said deposit which is pending disposal. However, both sides have requested that the stay application be heard and decided on merit. 4. Ld. Consultant for the Applicant has vehemently argued that the applicant are the Applicant are all along carrying out the activity of trading and not manufactured goods even though for a short pe....

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....case, since there would be a liability of Rs. 57.00 Lakhs, the applicant should be asked to deposit the said amount. 7. Heard both sides and perused the records. This Tribunal while passing the order dated 2nd January, 2014, prima facie considered all issues raised, including the question whether the applicant was engaged in the manufacture of the goods or undertake only the activity of trading, ....