2008 (2) TMI 435

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....In the facts and circumstances of the case, the petition is taken up for final disposal today. 2. This petition under Article 226 of the Constitution is directed against the order dated 27-8-2007 of the Customs Excise and Service Tax Appellate Tribunal, Ahmedabad Bench on Stay Application No. 938 of 2007 in Customs Appeal No. 353 of 2007. 3. Since the impugned order is an order for pre-deposit p....

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....ty would be 15%. According to the department, the ash content was 15.62% as per the test laboratory report dated 18-7-2002. 5. The petitioner-assessee's case was that the said report dated 18-7-2002 was supplied to the petitioner for the first time along with the show cause notice issued on 31-7-2005 (Annexure-G). It is submitted that serious prejudice was caused to the petitioner by late communi....

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.... called for. 7. Having heard the learned counsel for the parties, in the facts and circumstances of the case, we are of the view that this is a fit case for waiver of the pre-deposit of the duty amount and other charges. 8. We accordingly set aside the impugned order of the Tribunal and direct the Tribunal to proceed to take up the appeal itself for final hearing without requiring any pre-deposi....