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TMI Blog1998 (12) TMI 232X X X X Extracts X X X X X X X X Extracts X X X X ..... adani who is the proprietor of Style Cosmetics. The application by M/s. Madona Agencies is for seeking waiver of penalty of Rs. 1 lakh and by applicant Shri Ratanchand B. Shah, proprietor of Madona Agencies seeking waiver of penalty of Rs. 20 lakhs. 2. Learned Counsel Shri C.M. Korde, appeared along with learned Counsel Shri Kantawala for the applicants and submitted that the applicant M/s. Style Cosmetics manufacture nail polish and nail polish remover and the department s case is that they have suppressed production and clearance and have wrongly claimed exemption under Notification 104/83 and availed of the exemption even when the value of their clearances exceeded Rs. 50 lakhs in the previous financial year. This they have done by sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther aspect which the department has not considered that the department is without giving any abatement of the duty element from the realisation which reflects cum-duty price. The learned Counsel further pleaded that the appli- cants could not bring out these relevant aspects before the Commissioner, and that it would be in the interest of justice that they be given an opportunity of a detailed presentation of their case afresh before the Commissioner. Financially, also the learned Counsel pleaded that the appellants have closed their unit since 1996 and their only income is the rent received from the two gallas which they possessed and which have let out and the income as per the income-tax returns of Smt. Hiramati Madani would be Rs. 36,0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the demand is a matter of appreciation of evidence, and, besides the documentary evidence of certain files and note books maintained by the applicants themselves, there are the statements of the employee and by Shri Ratanchand Shah which corroborates the entries in the documents. Therefore no prima facie case for waiver of pre-deposit on merits can be taken. Learned Counsel also pleaded financial hardship and has pointed out so far the applicant Style Cosmetics has deposited Rs. 5 lakhs and that any further deposit by them can only be out of the meagre income out of the rent that they receive from two galas which had been let out. Considering these, we direct that the applicant Style Cosmetics should make a further deposit of Rs. 5 lakhs on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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