9911796707
TMI Blog1997 (11) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... R. Sharma, Member (T)]. Shri V. Sridharan, the ld. Advocate arguing the Stay Petition, submits that the ld. Collector of Central Excise, Allahabad has confirmed a demand of Rs. 14.79 Crore as duty and has imposed a personal penalty of Rs. 3.50 Crore. He submits that the Applicant is engaged in the manufacture of Diesel Locomotives and parts thereof, including Engine Parts used in engines. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that goods, falling under Chapter 86 when manufactured by Central Government for use by a Department of the Central Government, are wholly exempt from duty under Notification No. 197/87, dated 28-8-1987. He submitted that if the parts are classifiable under Chapter Heading 86.07, they would be wholly exempt from duty under the above notification. He submitted that the entire dispute is r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st for dispensation with pre-deposit of duty and penalty, Shri P.K. Jain, the ld. SDR, submitted that the Applicant had not submitted classification list indicating parts of Engine manufactured by them. He submits that the Applicants knew full well that they were manufacturing Engines and were paying duty on Engines. He submitted that, therefore, the natural corollary would have been that they sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e before us in its totality, we direct the Applicant to deposit a sum of Rs. 2.00 Crore (Rupees Two Crore) on or before 31st January, 1998. Failure to deposit the above amount shall lead to dismissal of the appeal without any further notice. On compliance of this order, Deposit/Recovery of the balance amount of duty and penalty shall remain stayed during the pendency of the Appeal. 5. To come up ..... X X X X Extracts X X X X X X X X Extracts X X X X
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