1999 (4) TMI 251

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..... Order per : Gowri Shankar, Member (T)]. Application is for waiver of deposit of Rs. 1.37 crores (approx.) and penalty under Section 11AC for equivalent amount. 2. Advocate for the applicant says that the applicant manufactures soap, as a job worker, for M/s. Wipro Ltd. and M/s. Swastik Surfactants Ltd. These two supply raw material and take back the final product. Since the soaps were manu .....

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..... value were the subject matter of adjudication in November 1993 and in 1996. Further, each of the price list filed during the period in question contained as an enclosure a certificate by the Chartered Accountant which indicated that the cost of manufacture have been taken net of excise . The notice itself in para 2 of Annexure A acknowledges that the value declared did not include excise duty ele .....

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..... was known to the department through the Chartered Accountant s certificate produced and acknowledged in the notice itself. There is therefore no suppression of mis-statement prima facie. Thirdly, the subsisting decision being prima facie in the applicant s favour, there would be no reason for depositing the disputed amount. For the several reasons, we waive deposit of the duty and penalty and stay .....

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