2007 (1) TMI 591

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....vocates, for the Appellant. Shri Anil Kumar, JDR, for the Respondent. ORDER [Order per : S.L. Peeran, Member (J)]. - Both the stay applications arise a common question of law and hence they are taken up together for the disposal. Stay Application No. 190/2006 in Appeal No. 314/2006 : 2. The appellant is seeking waiver of pre-deposit of penalty amount of ₹ 38,00,000/- and further pe....

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....0,000/- which is under challenge. 3. The learned Counsel relies on the following rulings in support of their plea that the penalty is not leviable :- (i) Rashtriya Ispat Nigam Ltd. v. CCE [2003 (161) E.L.T. 285] which has been affirmed by the Apex Court reported in 2004 (163) E.L.T. A53 (S.C.)] (ii) CCE Mangalore v. Shree Krishna Pipe Industries [2004 (165) E.L.T. 508 (Kar.)] (iii) CCE....