2004 (10) TMI 98

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.... waived by learned Senior Central Government Standing Counsel Shri Jitendra Malkan for the respondents. At the request of the learned Advocates, the petition is finally heard today. 2.As an appeal filed by the petitioner is pending before the Commissioner (Appeals) of Central Excise and Customs, Vadodara and the issue involved in this application is only with regard to the amount of pre-deposit....

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.... as observed by this Court on 10-9-2004 in the case of Sterlite Industries (India) Limited v. Union of India, S.C.A. No. 11489 of 2004. We have considered the said argument. However, looking to the facts of the case, we are of the opinion that the discretion had not been properly exercised by the Commissioner (Appeals) for the reasons stated hereinbelow. 5.Upon hearing the learned Advocates and....

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.... 10% of the amount of assessment within a period of 8 weeks from today. After the said amount is deposited, the Commissioner (Appeals) of Central Excise & Customs shall hear the appeal and shall make an effort to dispose it off as soon as possible. Learned Advocate appearing for the petitioner has assured this Court that the petitioner shall extend full co-operation to the Commissioner (Appeals) s....