2003 (7) TMI 557 - AT - Central Excise

Summary

The Appellate Tribunal CESTAT, Kolkata allowed the Stay Petition by the applicants/appellants, dispensing with the pre-deposit of duty of Rs. 33,86,592.00 and personal penalty. The demand of duty was confirmed based on clandestine removal findings from private records seized during a search. The goods in question were tailor-made for the railways, and there was no evidence of clandestine removal apart from the diary entries. The Tribunal found a prima facie case in favor of the applicants/appellants and allowed the Stay Petition unconditionally.