9911796707
TMI Blog1998 (1) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... This is an application for waiver of duty demand of Rs. 3,74,726.68. The ld. Consultant appearing on behalf of the applicants submitted that in this case, the applicants were clearing goods under approved classification list during the period 1-4-1995 to 17-8-1995. He submitted that thereafter on 14-5-1995, a show cause notice was issued for modifying the C/List. After considering the submissions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that BIFR vide order dated 19-9-1997 held that the applicants company had become a sick industrial company in terms of Section 3(1)(o) of the Sick Industrial Companies (Special Provision) Act, 1985. He therefore, prays that the amount of duty demanded in the order be stayed. 2. Shri A.M. Tilak, JDR appearing on behalf of the respondent submitted that earlier the applicants were clearing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alisation of the C/List. He therefore, prays that the application be dismissed. 3. Heard both sides. In this case, the applicants were clearing the goods under the approved classification list. If the goods were cleared under provisional approved C/List then the applicants are duty bound to furnish a bond. In this case, no such bond was furnished or demanded by the Revenue. In the show cause not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -C.E. and a demand was raised for the period of six months from 6-12-1995 hence prima facie, I find force in the plea of applicant that demand is partly time-barred. 5. In view of the above discussions and taking into account the financial hardship as the applicants company is declared as a sick industrial company, the deposit of the total duty amount is waived and the recovery of the same is s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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