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TMI Blog1984 (11) TMI 212X X X X Extracts X X X X X X X X Extracts X X X X ..... ts. [Order per : Harish Chander, Member (J)]. - M/s. Gilloram Gauri Sankar, Baidyanath-Deoghar-814112 (Bihar) has filed an appeal being aggrieved from Order No. 21/MF/84 dated 26-5-1984 passed by the Additional Collector of Central Excise, Patna. The said appeal was presented in the Registry on the 27th day of June, 1984. A stay petition duly supported with an affidavit was also presented ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 5,000/- in cash in respect of penalty and fine in lieu of confiscation. 2. In reply, Shri A.K. Sarkar, the learned SDR has opposed the grant of stay. He has pleaded that he has no objection if the appellant is directed to deposit 50% of the penalty amount. He has submitted that he has got no information as to the financial status of the appellant. In reply, Shri Mukhopadhyay, the learned Advoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y particular case, the Collector (Appeals) or the Appellate Tribunal is of opinion that the deposit of duty demanded or penalty levied would cause undue hardship to such person, the Collector (Appeals) or, as the case may be, the conditions as he or it may deem fit to impose so as to safeguard the interests of revenue." 4. A simple reading of the section shows that under the Central Excises Sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n view of judgments of the Hon ble Supreme Court in the case of I.T.O. Kennore v. Md. Kunhi reported in 71 ITR 815. This judgment was followed by the Hon ble Patna High Court in the case of Pooranmal Kantia v. I.T.O. reported in 98 ITR 39. In the instant case we do not find any justification in exercising its inherent power for the grant of stay in respect of fine in lieu of confiscation. Accordin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in cash within six weeks from the date of this order. For the remaining amount of Rs. 15,000/- the appellant is directed to furnish a bank guarantee of Rs. 15,000/- to the satisfaction of the lower authorities within six weeks from the date of this order. The appellant is further directed to report the compliance of this order to the Registry. In case the appellant fails to comply with the terms ..... X X X X Extracts X X X X X X X X Extracts X X X X
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