9911796707
TMI Blog1997 (11) TMI 179X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Respondent. [Order per : Justice U.L. Bhat, President]. Having challenged the order dated 28-8-1997 passed by the Commissioner of Customs, New Custom House, New Delhi, appellants have filed these applications seeking waiver of the requirement of pre-deposit of the amounts of penalty under Section 129E of the Customs Act, 1962. 2. M/s. Rahul Watches Pvt. Ltd. said to be a SSI Uni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Watches Pvt. Ltd. has been assembling watches, that 1,500 of the watches seized had been so assembled in the premises, that the remaining 127 watches had been assembled in the previous year and remained unsold and that 3,000 watch movements were from out of 14,335 watch movements imported in February, 1996. They also denied any clandestine import or evasion of duty. Overruling these contentions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against whom order had been passed and therefore penalty could not have been imposed on them. 4. Rebutting the above contentions, Shri K. Srivastava, SDR pointed out that all the watches are swiss tressa as indicated by the name inscribed therein, that the appellants have no case that foreign brand name was being inscribed in the indigenously assembled watches. According to him the company ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... btained from Commissioner or by other excise records. 5. Having considered the aspects placed before us, we are not satisfied that the company has made out a prima facie case for waiver of requirement of deposit of the entire amount of penalty levied on the company. Having regard to the circumstances and the dispute about value, we direct M/s. Rahul Watches Pvt. Ltd. to deposit a sum of Rs. 1,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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