2005 (4) TMI 88

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....ge in this petition under Article 226-227 of the Constitution of India is to the order dated 7th February, 2005 passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi wherein the Appellate Tribunal directed the Appellant to make a pre-deposit of Rs. 35 lakhs within 8 weeks from the date of order and upon performance of that condition the balance duty and penalty was waived and....

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....n 12th September, 2003 is barred by time and the proceedings initiated in accordance thereto are vitiated in law. 4.Learned counsel for the respondents on the other hand without admitting the correctness of these contentions stated that even if the petitioner is having serious financial problems still the interest of the Revenue Department should be protected. The value of the machinery  w....

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....t any time as he may consider proper. The upkeep and maintenance of the machinery shall be liability of the petitioner. The machinery is stated to be lying at Village Surajpur, Noida and shall be kept at the same premises. 6.We further make it clear that the machinery shall be liable to be disposed of in the event the order-in-appeal is against the appellant or in compliance to the directions p....