9911796707
TMI Blog1999 (10) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Respondent. [Order per : G.R. Sharma, Member (T)]. - The captioned nine appeals were heard together and they are being disposed of by this common order. 2. The facts of the case in brief are that M/s. Ratangiri Hathkargha Vastra Ltd., M/s. Ratangiri Ind. Ltd. and M/s. Subham Hathkargha Vastra Ltd. procured yarn from M/s. Shree Bhawani Textiles. M/s. Shree Bhawani Textiles extended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation No. 53/91, dated 25-7-1991 was not admissible to the appellants and therefore, imposed penalties on the appellants. 3. Arguing the appeal Shri P. Mullick, ld. Chartered Accountant submits that the Notification in question had only two conditions namely that the yarn could be procured without payment of duty by registered co-op. society and that the payment against this purchase should have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n their own account. He submits that there are a number of decisions of this Tribunal in which it has been held that payment by Pay Order/Demand Draft procured by issue of cheque on their own account is substantial compliance for payment by cheque under Notification No. 53/91, dated 25-7-1991. Ld. Chartered Accountant cited and relied upon the decisions of this Tribunal in the case of C.C.E. v. As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sold the yarn as such. He submits that there is sufficient evidence on paper to show that the societies were registered as co-op. societies on paper only. He, therefore, submits that the conditions of the Notification and the intention behind that notification granting exemption were not fulfilled and therefore, the authorities below have rightly imposed penalties on the appellants. He, therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Notification. We, therefore, hold that the conditions under Notification No. 53/91, dated 25-7-1991 were fully complied by the appellants. In the circumstances and following the ratio of the decisions of this Tribunal in the cases cited above, we hold that the benefit was rightly claimed and taken. In the circumstances, the appeals are allowed. Consequential relief, if any, shall be admissible t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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