2018 (5) TMI 1563

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....TICE CHANDER SHEKHAR For the Petitioner : Mr. Vibhor Mathur, Adv For the Respondents : Mr. Sanjeev Narula, Sr. Standing Counsel for Customs with Mr. Abhishek Ghai, Adv ORDER SANJIV KHANNA, J. (ORAL) Petitioner M/s. Vega Auto Accessories (Pvt) Ltd is a company against whom adverse orders-in-original were passed by the Assistant Commissioner, Central Excise & Service Tax, Rampur (Uttar Pradesh)....

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....vice Tax Appellate Tribunal, which appeals were allowed vide order dated 6th February, 2017 accepting the stand and stance of the petitioner that it had commenced commercial production on or before 31st March, 2010. 3. Respondent/Revenue had thereafter preferred several appeals before the High Court of Uttarakhand at Nanital which were dismissed vide order dated 5th July, 2017 as not maintainable....

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....r consideration and heard, without insisting on pre-deposit under amended Section 35F of Central Excise Act, 1944 in view of the earlier orders passed by the Tribunal which have attained finality, upholding stand and stance of the petitioner on claim of exemption under notification dated 10th June, 2003. 5. Learned counsel for the respondent/Revenue accepts that the Revenue has not till today pre....

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....e Court. Pre-deposit in these circumstances would be a technicality and mere formality for the issue is settled by an earlier order in favour of the petitioner. Secondly, the petitioner has expressed and shown financial hardship and distress by referring to balance sheet and profit and loss account for the year ending 31st March, 2017, which reflects accumulated losses of over Rs. 59,918,456.93. P....