2014 (6) TMI 948

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....yanan, Advocate For the Respondent: Dr. Jeetesh Nagori, A.R. Order Per:  Mr. M.V. Ravindaran; This stay petition is filed for the waiver of pre-deposit of an amount confirmed as differential duty, interest thereof and penalties imposed. 2. The above said differential duty has been confirmed on the ground that appellant has not achieved Net Foreign Exchange Earnings as per performa....

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....r the entire imports which have been made, which according to him is incorrect.  He would also rely upon the Boards Circular dated 10.03.1995 which talks about issuance of show cause notice only after the DGFT authorities have taken a view.  He would also draw our attention the judgment of the Tribunal in the case of Indo Pacific Poly-Fibers Pvt. Limited - 2012 (280) ELT 97 (tri. Mum.) ....

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....authority is at variance as against the DGFT authority's findings and the claim made by the appellant, as to there being short fall of 1.63%.  Since the issue needs detailed analysis, we are of the view that the matter is arguable one and needs deeper consideration.  Such detailed analysis can be undertaken by the bench only when the matter is listed for final disposal.  Accordingly....