9911796707
TMI Blog1998 (8) TMI 211X X X X Extracts X X X X X X X X Extracts X X X X ..... R. Sharma, Member (T)]. This is a Misc. Application filed by the applicant company for modification of the Stay Order No. S/262-63/98-NB, dated 23-4-1998. 2. Arguing the Misc. Application Shri J.M. Sharma, ld. Consultant submitted that from the date of passing of the order the financial condition of company has further deteriorated. He submits that the applicant had taken up the matter wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the provisions of Section 129E specifically ruled that if the goods are under Customs control duty need not be deposited as a pre-condition for hearing the appeal. The ld. Consultant submitted that this order of the Hon ble High Court was not cited before the Tribunal at the time of hearing the stay petition. He refers to the adjudication order and submits that the capital goods and the raw-mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her at the port or warehouse before their clearance. The ld. SDR submits that in the instant case the goods were cleared for home consumption long before in terms of Notification No. 339/85. He submits, therefore, the scope of the word `control used in Section 129E cannot be enhanced to include confiscation and control thereafter over the goods. The ld. SDR, therefore, submits that the case of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anufacture under Customs bond where Customs exercise control all through over every operation in taking out, taking in, the goods. Moreover, in the instant case the very same goods on which the demand has been confirmed have been confiscated. On confiscation property vests in the Government. Since it is Government property unless the Government decides to part with this property the question of de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposit was only to the extent of 10% of the total amount of penalty imposed. In the circumstances, we do not see any reason to either reduce the penalty or waive the same. In the circumstances, and in the interest of justice we give the appellants a further time of four weeks to deposit penalty of Rs. One lakh on or before 14th September, 1998 and report compliance by 21st September, 1998. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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