2015 (12) TMI 63

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....llant : Mr T Vishwanathan, Adv. For the Respondent : Mr V K Singh, Spl Counsel ORDER Per: P R Chandrasekharan: 1. The application for modification of stay has been made against order No. S/1193-1194/14/CSTB/C-I dated 20/10/2014 passed by this Tribunal wherein the applicants, M/s. Finolex Industries Ltd., Ratnagiri & M/s. Gupta Coal India Pvt. Ltd., were directed to make a pre-deposit o....

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....deposit of duty along with interest and penalty till the disposal of the appeal by the Larger Bench. It is also submitted that subsequent to this, in two other cases, namely, Elite Natural Products, NSL Sugars Ltd. Guntur and JSW Energy Ltd., Circuit Bench at Hyderabad has granted stay on an identical matter and therefore, it is pleaded that the impugned orders be modified and the direction to pre....

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.... wherein it was held that the coal imported having volatile matter content exceeding 15% and gross calorific value limit exceeding 5833 cal/kg would merit classification as "bituminous coal". Subsequent orders of the Tribunal either by the Madras Bench or by the Circuit Bench at Hyderabad are only interim orders, whereas the decision relied upon by this Tribunal while passing the stay order is bas....