2000 (5) TMI 75

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....mber (J)]. - This is a stay petition filed by M/s. GTC Industries Ltd. praying for stay of operation of Order-in-Appeal dated 16-11-1999 and Order-in-Original dated 16-4-1998 and for dispensing with pre-deposit of duty amounting to Rs. 69,22,874.48. The appellants also had claimed a refund of Rs. 1,19,33,023.47 which had also been rejected as per the impugned order. 2. Ld. Sr. Counsel appearing....

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....stant Commissioner nor the Commissioner (Appeals) had given proper opportunity to the applicant to defend its case. Further, the orders which have been passed by the appellants are contrary to the provisions of Section 4 of the Central Excise Act, 1944 and the law laid down by the Hon'ble Supreme Court in the MRF case relating to deductions of post-manufacturing expenses from the price arrived at ....