9911796707
TMI Blog1995 (11) TMI 173X X X X Extracts X X X X X X X X Extracts X X X X ..... llants had not fulfilled, the conditions of the exemption Notification No. 339/85, dated 21-11-1985. 3. They were given time and opportunity by the Bench to file a list of movable and immovable property as well as the latest balance sheet. In compliance with this direction he had filed these papers on 27 September, 1995. 4. Giving a brief background of the case the Ld. Counsel stated that the appellants had entered into a collaboration agreement with a German Company and imported capital goods availing benefit of exemption Notification No. 339/85, dated 21-11-1985. 5. All the goods so imported were duly installed within the time available to them as per the exemption Notification No. 339/85. However, the factory could not commence pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de-bonding of their unit subject to the conditions mentioned in the letter which included payment of customs and excise duties due and penalty if any imposed by the appropriate authority, vacation of the premises and furnishing `NO OBJECION CERTIFICATE from the Estate Manager, NEPZ and NO OBJECTION CERTIFICATE from UPSEB/UPFC/other financial institutions; only on compliance of the above conditions the formal permission would be issued. 10. Ld. D.R. further stated that the appellants have also no case on merits as they have admittedly not utilised any of the items imported, for production, and therefore, due to non-compliance with the conditions of the exemption notification the duty amount in question was payable. 11. Ld. Counsel stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to keep this aspect of the section also in view. 16. Further in this case we observe that the Ld. Advocate had earlier agreed for filing of affidavit which may facilitate recovery of the amount due during the pendency of the appeal, so that their prayer regarding waiver of pre-deposit simultaneously with an opportunity to the department to recover could be considered but the appellants have not agreed either to file such an affidavit or any letter from the bank authorities and due to hypothecation of the goods in question it will not be easy for the authorities to realise the amount and the situation has become complex. We also consider that the recovery of taxes in the normal course should take precedence over other dues or recoveries ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
