1999 (11) TMI 383

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..... [Order per : J.H. Joglekar, Member (T)]. This application is for waiver of pre-deposit and stay of recovery of penalty amounting to Rs. 98,045/-. The appellants have already paid the duty amounting to Rs. 1,08,045/- confirmed in the lower proceedings and also Rs. 10,000/- out of equivalent penalty imposed upon them. 2. After hearing Shri A.V. Naik, advocate for the applicants and Shri K.L. .....

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..... facility was taken away and the goods manufactured by a small sector manufacturer bearing a brand name of any other person became disentitled to its benefit. The present appellants however continued to clear such goods without payment of duty resulting in short levy of duty form 1-4-1995 to 12-4-1995 to the extent of Rs. 1,08,045/-. On this fact coming to their notice, they paid the duty between O .....

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..... which was later made mandatory under Section 11AC was not in existence nor was invoked and therefore the imposition of equivalent penalty also is excessive. In cases such as these, the quantum of penalty has to be just sufficient to remind the assessees of their obligations under the law. We, therefore, set aside the orders of confiscation of the land, building plant machinery etc. and reduce th .....

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