2003 (9) TMI 459

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Respondent. [Order per : Gowri Shankar, Member (T)]. The application is for waiver of deposit of penalty of Rs. 5 lakhs imposed on the applicant under Rule 26. 2. The applicant is a sugar mill and consequent upon sale by it to an exporter cleared a quantity of sugar without payment of duty in terms of a bond executed by the purchaser as provided in Rule 19 of the Central Excise Rules, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... must know or must have reason to believe that the goods are liable to confiscation. The order does not show when the applicant sold the goods to the buyer, it knew or had reason to believe that he would not export them. The requirement of mens rea contained in the rule has prima facie not been complied with. 5. Accordingly, we waive deposit of the penalty and stay its recovery. - - TaxTMI - .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X