9911796707
TMI Blog2001 (2) TMI 374X X X X Extracts X X X X X X X X Extracts X X X X ..... e Respondent. [Order per : Dr. S.N. Busi, Member (T)]. In this stay petition M/s Indian Rayon and Industries Ltd. (Unit : Jaya Shree Textiles), Rishra makes a prayer for waiver of the condition of pre-deposit of customs duty of Rs. 39,61,655/- confirmed vide Order-in-Original No. 66/99 Commr., dated 20-9-1999 of Commissioner of Customs, Kolkata. 2. The applicant/appellant had exported ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd executed, the other goods could not be so re-exported due to worldwide recession in textile industry. The DEPB credit taken against two shipments of polyester yarn was also refunded to the DGFT as per the provisions of the Exim Policy. As the condition of re-export was not fulfilled, the applicant/appellant was served with 3 Show Cause Notices for realisation of the customs duties in terms of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nefit was not finally availed of, he did not extend similar benefit to the goods in respect of which DEPB benefit was not availed of thus making a discrimination between the two cases poised similarly in the matter of export. The learned Consultant argues that the Commissioner has erred in denying the benefit of Notification No. 94/96 to the goods in respect of which the DEPB credit was refunded t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Consultant, therefore, pleads that the applicant/appellant has prima facie a good case in their favour for grant of unconditional stay. Apart from merits of the case, the learned Consultant presses the plea of undue financial hardship. He argues that due to low market demand the product of textile product has gone down and during 1998-99 the main unit of the applicant/appellant had incurred a ne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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