1999 (7) TMI 375

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... : S.S. Kang, Member (J)]. The Applicants filed this application for waiver of duty demanded Rs. 1,00,97,626/- and penalty of Rs. 50 lakhs. 2. Appearing on behalf of the Applicants Shri Velapally, Sr. Advocate submitted that the Tribunal vide Final Order E/979/98-B1, dated 15-7-1998 remanded the matter to the Adjudicating Authority with the directions to decide the correct classification an .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... me Court judgment in their own case reported in 1997 (94) E.L.T. 477 (S.C.). He therefore prays the application uphold. 3. Shri R.D. Negi, ld. SDR, appeared on behalf of the Revenue and submitted that the Adjudicating Authority complying with the directions of the remand order passed by the Tribunal given his specific findings that the goods are marketable and are classifiable under Tariff Headi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and the Hon'ble Supreme Court, in their own case reported in 1997 (94) E.L.T. 477, held that the recovery and arrears of Revenue due from Sick Industrial Companies are not recoverable by coercive process without the consent of the Board of Industrial Financial Reconstruction. In these circumstances, prima facie, we find the balance of convenience is in favour of the applicants. Therefore, the App .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X