2009 (9) TMI 64

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....hra and Rajinder Kumar, for the Respondent. [Order].- P.C. : Rule. Heard forthwith. 2. The petitioners are aggrieved by the order of the Tribunal dated 24^th June 2009 wherein the matter of waiver of pre-deposit, the Tribunal has directed the appellant to deposit the entire amount of duty. The matter was heard by the Tribunal pursuant to an order passed by this court in Writ Petition No. 564....

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....he matter was heard, various orders passed in the case of M/s. Ambika Waste Management Pvt. Ltd. were placed before us. We find that the order dated 28th April 2008 referred to by the Tribunal was when an appeal was preferred against the dismissal of the appeal by the Commissioner (Appeals) for failure to deposit the amount. The Tribunal had noted that the Commissioner had not considered the evide....

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....sioner (Appeals) on merits in the case of M/s. Ambika Waste Management Pvt. Ltd. That also is a case of purchasing scrap from the dealers of M/s. Ispat Industries. The issue which arose in that case would thus arise in this case. 5. Considering similar issue, in our opinion, petitioner herein cannot be put in a worse position than in the case of M/s. Ambika Waste Management Pvt. Ltd. The Sum of....