2001 (10) TMI 423

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Commissioner through Order-in-Original which are detailed as under : Name of the Party Duty amount imposed Penalty imposed Pre-deposit to be made : 1. M/s. Haryana Petro Rs. 2,52,77,940 Rs. 2,50,00,000 Rs. 1 crore towards duty Rs. 80 lakhs towards penalty 2. Shri Rajiv Agarwal -- Rs. 20 lakhs Rs. 4 lakhs 3. M/s. Globe Synthetics Ltd. -- Rs. 8 lakhs Rs. 6 lakhs 4. Shri Rakesh Gupta -- Rs. 20 lakhs Rs. 4 lakhs 2. The pre-deposit of the amounts by all these appellants were ordered to be made within a period of six weeks from the date of receipt of order. But they had failed to do so. 3. The appellants have moved the present rectification of mistake applications seeking modification in the above said stay or .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nditional waiver of the pre-deposit of the duty and penalty amounts to both the companies by following the decision of the Tribunal in M/s. Madhu Milan Syntex Ltd. v. CCE, Indore - 2000 (117) E.L.T. 139. 6. The other ground on which all the appellants have sought modification of the impugned stay order is that in another appeal filed by M/s. Emmtex Synthetics Pvt. Ltd., the Bench while dealing with the statement of Shri B.M. Gupta, Vice President of the Company - M/s. Haryana Petro Chemicals Ltd., on whose evidence the present appellants had been also charged and burdened with the duties and penalties, had observed that his evidence could not be used as a substantive piece of evidence as he did not submit himself for cross-examination .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... on by the present appellants in their respective appeals. In the impugned stay order, the evidential value of the evidence of Shri B.M. Gupta had been referred and considered by the Bench while directing the appellants to make pre-deposit of the amounts detailed above. 9. In the light of discussions made above, we do not find any sufficient ground to modify/recall the impugned stay order and to allow total waiver of pre-deposit duty and penalty amounts to the appellants. 10. Consequently, all the ROMs filed by the appellants are ordered to be dismissed. They are directed to make pre-deposit of the respective amounts as detailed in the stay order, within a period of four weeks from the date of receipt of copy of this order.
C .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X