1999 (3) TMI 246

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..... Balasundaram, Member (J)]. -  The total demand in this case is Rs. 11,27,04,941.29 and a penalty of Rs. 20.00 lacs has also been imposed. Bulk demand of Rs. 8.46 crores is on account of freight, turn-over tax and sales tax equalised by the applicants, of all their factories. The submission of the applicants in respect of the demand on this amount is that they have produced a Chartered Accou .....

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..... transit. 3. None is present for the applicants and hence we have heard Shri Yadav, the Departmental Representative and perused the papers. 4. We find that the Supreme Court in the case of Government of India v. MRF Ltd. reported in [1995 (77) E.L.T. 433 (S.C.)] has allowed deduction of bank charges for collection of sales proceeds. We also find that there is a strong case made out by t .....

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..... to be confirmed. Having regard to the above, we hold that the applicants have made out a prima facie case for waiver. We therefore direct that the bank guarantee executed should be kept alive till the pendency of the appeal and subject to this condition, dispense with the requirement of pre-deposit of duty and penalty and stay recovery thereof during the pendency of the appeal.
Case laws, Deci .....

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