9911796707
TMI Blog2001 (5) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Revenue. 2. M/s. Shree Vishnu Dyeing Printing Mills Pvt. Ltd. are the central excise assessees. Shri Dharmendra Bakhaswala is the director of the assessee unit. Shri Manishkumar Bagdawala is the assistant dyeing master. When the excise officers visited the mills, they noticed certain processed fabrics which were in excess of the recorded stock. These were seized. The search of the premises yielded certain kachha delivery challans as also four pocket diaries. These were seized from behind the seat of Bagdawala. The panchnama records that before the panchas Bagdawala admitted recovery of the note books. He made the statement that the note books indicate the clearances of processed fabrics without payment of duty. Bakhaswala (refer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Manishkumar Bagdawala : Rs. 20,000/- These three have filed appeals and the present applications seepping waiver of pre-deposit of these sums and stay of recovery thereof. 4. We have heard both sides at length and have seen the relevant documents. 5. Shri Mayur Shroff states that the statements of the two appellants are exculpatory. He states that the recovery of the kachha challans and the diaries had not been admitted. It is his submission that on perusal of the diaries and the kachha challans it is not possible to establish that they represented details of clandestine removal. He submits that the methodology adopted by the department in computing the duty allegedly evaded has not been set out and that the compu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s made. Even if a very small number of traders have admitted the fact that certain goods were clandestinely removed by them, the evidential value of those statements at the stage of assessing the prima facie merits exists. 7. Shri Shroff submits that the factory is closed from 1998. He states that substantial amounts are outstanding to bank and other persons. We have examined the financial statements placed on record which show losses for the last two years. We however find that their liquidity position is not bad. 8. Considering these aspects we direct the assessee company to deposit rupees twenty-five lakhs as a pre-condition to hearing of their appeal. On this deposit being made there shall be waiver of pre-deposit of the remaining a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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