9911796707
TMI Blog2010 (3) TMI 428X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd has not paid the dues, factory premises has been attached for recovery of the same. Lower authorities have passed the order holding that department has power to attach the factory. Held that- amount involved more than Rs. 35 crores. Attachment of property. Submission that property lying idle for last 5 years, neither beneficial to appellant nor to the department fact that amount involved more ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Apparels Pvt. Ltd under Section 11 of Central Excise Act, 1944, even though the appellant has got the possession back in view of the fact that in the lease deed, there was a specific condition that factory shall not be vacated till the export obligation is discharged and consent, is obtained from the authorities concerned in respect of 100% EOU. Lower authorities have observed that export obligati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsent has not been obtained and notice has been issued to the appellants only because they hold the possession of the premises and in the absence of M/s. Bhavay Apparels Pvt. Ltd. In reality and in the eyes of law M/s. Bhavay Apparels Pvt. Ltd. can be said to be still in possession of premises, he submits. 3. We have considered the submissions made by both sides. As rightly pointed by learned S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t seeking waiver of pre-deposit or stay against recovery of dues. However, we do not agree with the views of learned SDR that Tribunal cannot pass such order. We consider that the Tribunal has inherent powers to pass an order. In view of the above discussion, we asked learned advocate whether the appellant is willing to give undertaking that they would not dispose of or encumber the property in fu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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