9911796707
TMI Blog2003 (1) TMI 503X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : P.S. Bajaj, Member (J) (Oral)]. Through this stay application the appellants have sought for waiver of pre-deposit of duty amount of Rs. 1,98,17,777/- confirmed against them through the impugned order as duty payable by them for the period 1-9-1997 to 29-2-2000. The facts are not much in dispute. The appellants are engaged in the manufacture of non-alloy steel ingots and bill ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has thus become final. The outstanding arrears of the duty has been demanded from the appellants on the basis of that order of the Commissioner. Therefore, prima facie the appellants have no case at all. 2. The ld. Counsel has however contended that the appellants company is lying closed for the last 3 years and has applied to BIFR for declaring it a sick unit and as such they should be allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ey had been declared, as a sick unit, remains prima facie unproved on the record. No order of the BIFR has been placed on record declaring the appellant s Company as a sick unit. No benefit of even the ratio of law laid down in the case of UOI (supra) referred by the Counsel, can be claimed by the appellants. In that case, Hon ble High Court had only observed that where the BIFR had taken cognizan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00-2001, to contend that the appellants have suffered heavy losses. But, no latest copy of the Balance sheet for the year 2002-2003 has been placed on record. The copies of the Balance sheet placed on record had been prepared by the appellants themselves in the manner in which they found it convenient in order to avoid the pre-deposit of heavy amount of duty. It can hardly be denied that the Gover ..... X X X X Extracts X X X X X X X X Extracts X X X X
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