9911796707
TMI Blog1993 (3) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... . C.G. Lal, SDR, for the Respondents. [Order per : Harish Chander, President]. M/s. Premium Suiting Company Limited, Kanpur have filed an appeal being aggrieved from an Order passed by the Collector, Central Excise, Kanpur. Stay application duly supported with any affidavit sworn before an Oath Commissioner has also been filed. Shri M. Chandrasekharan, learned Senior Advocate with Miss S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... attention of the Bench to other connected documents which prove to the fact that only single process was done. Shri Chandrasekharan pleaded that the duty amount involved is Rs. 6,73,424.70 and there is a penalty of Rs. 5,00,000/- (five lakhs). The period involved is 19-8-1989 to 18-9-1990 and Show Cause Notice is dated 15-3-1991. Learned Senior Advocate pleaded that it is not a case of penalty, as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant of stay. Mrs. C.G. Lal, learned SDR pleaded that the appellant altogether has been contending before the lower authority that there cannot be any levy of additional excise duty and plea of the appellant to the effect that there was single processing and claim of benefit of notifications is not an after-thought. She pleaded that seizure has taken place in September, 1990. The statement was reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /79-CE. The appellant did not contend at the initial stage as to the claiming of the benefit of these notifications and also the factum of single processes which are claimed to be exempt from duty. The issue is contentious and arguable. We have also looked into the Profit and Loss Account for the year ending 31-3-1992. There is a net profit of Rs. 66,202.07 and depredation to the tune of Rs. 6,09, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it Rs. 5 lakhs in cash within 3 months from the date of the receipt of this Order. It is further ordered that during the pendency of the appeal, the revenue authorities shall not pursue any recovery proceedings for the balance duty amount as well as penalty amount of Rs. 5 lakhs. In case the applicant fails to comply with the directions of this Order, the Stay Order shall stand automatically vacat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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