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Issues: Stay application due to non-compliance with exemption conditions, financial difficulties leading to non-payment of demands, waiver of pre-deposit, safeguarding revenue interest, compliance with exemption notification conditions, request for further time for instructions, safeguarding revenue interest during appeal, non-filing of required affidavit or letter from bank authorities, complex situation due to hypothecation of goods, precedence of tax recovery over other dues, review of unit performance by Board of Approvers, failure to respond to show cause notice, status regarding BIFR and liquidation proceedings.
In this case, a stay application was filed concerning the confirmation of a demand by the department due to non-fulfillment of conditions of exemption Notification No. 339/85. The appellants, who had entered into a collaboration agreement with a German company and imported capital goods, faced demands amounting to Rs. 11,02,18,177. Despite installing the imported goods, they could not commence production due to various issues, leading to financial difficulties. The appellants sought a waiver of pre-deposit, citing their inability to pay the demanded amount. However, the department objected, emphasizing the need to safeguard revenue interest. The department highlighted that the appellants had not utilized any imported items for production, resulting in non-compliance with exemption notification conditions. The appellants argued that the goods had been installed as per the notification's requirement, and their financial condition prevented them from making the payment. The Tribunal noted the importance of revenue interest and the need for tax recovery to take precedence over other recoveries. Despite the appellants' request for more time and consideration of their financial difficulties, the Tribunal refused to grant further time. The appellants did not agree to file the required affidavit or provide a letter from bank authorities due to goods hypothecation, complicating the recovery process. The Board of Approvers had reviewed the unit's performance and required customs and excise duties to be paid initially. The appellants' failure to respond to show cause notices indicated their inability to implement the project. The Tribunal ultimately rejected the stay application, citing the need to safeguard revenue interest. However, the appellants were given three months to deposit the demanded amount; failure to do so would result in the dismissal of their appeal without further notice. The case was scheduled for compliance reporting on a specified date. The status regarding the BIFR and any ongoing liquidation proceedings remained uncertain, adding complexity to the situation.
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