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AJIT BHARIHOKE, RAKESH KUMAR
Marvel Vinal Ltd. – Appellant
Versus
Commissioner of Customs & Central Excise, Indore – Respondent
per : Rakesh Kumar, Member (T)]. - In this case, the duty demand against the appellant has been confirmed on the basis of the report of the Cost Accountant who was appointed in terms of the provisions of Section 14A(1) of the Central Excise Act, 1944. The original adjudicating authority's order confirming duty demand along with interest and imposing equal amount of penalty was upheld by the Commissioner (Appeals) against which this appeal along with stay application has been filed.
2. Heard both sides. Though the matter is listed for hearing of the stay application, after hearing the matter for some time, we are of the view that appeal itself can be taken up for disposal. Accordingly, requirement of pre-deposit is waived and with the consent of both the sides, the matter is heard for final disposal.
3. Ms. Sukriti Das, learned Advocate, the Counsel for the appellant, submits that though vide letters dated 3-2-2009 and 8-12-2009, the assessee had requested the Department to furnish the copy of the letter of approval by the Chief Commissioner of Central Excise appointing the Cost Accountant Shri N.P. Mukherjee, R-52 (First Floor), Zone I, MP Nagar, Bhopal to conduct the audit of
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