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2003 Supreme(All) 2330

D.P.GUPTA, B.S.CHAUHAN
ITC Limited – Appellant
Versus
CC (Appeals) and CE – Respondent


Advocates Appeared:
B.N.Singh, SHANTI BHUSHAN, Uma Kant, Yashwant Verma,

B. S. CHAUHAN, J.

( 1 ) THIS writ petition has been filed for quashing the order dated 8. 10. 2003 passed by the learned commissioner (Appeals), Customs and Central Excise, Meerut, rejecting the application of the petitioner for stay/waiver of pre-deposit of the amount demanded by the Assessing Authority during the pendency of the appeal, to the tune of Rs. 1,60,93,806 and in case the said amount is not deposited within 15 days of the receipt of the said order, the appeal would stand dismissed without further reference to the Appellate Authority.

( 2 ) FACTS and circumstances giving rise to this case are that petitioner was served with a show cause notice dated 25. 6. 1998 issued by the Assistant Commissioner, Central Excise, Saharanpur to show cause why the profit margin percentage as detailed therein be not increased to arrive at the assessable value of "slides and Inner Frames" used by the Company during the course of packing of cigarette sticks, for the assessment years 1986-87 to 1996-97. Petitioner filed the reply to the show cause notice on 22. 7. 1998 and 8. 10. 1998 submitting that the "slides and Inner frames" neither manufactured nor a marketable commodities and, thus, c
















































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