9911796707
TMI Blog2003 (2) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... er]. After examining the records and hearing both sides, I find that the appellants have a fairly strong case and accordingly, I admit the appeal. 2. The stay application is also being taken up. In this application the prayer is for waiver of pre-deposit and stay of recovery in respect of an amount of penalty of Rs. 17,500/- imposed by the lower authorities on the applicants under Rule 173 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicants was Rs. 17,500/-. In the appeal preferred by the applicants against the order of the original authority, the Commissioner (Appeals) upheld the penalty. 3. Ld. Counsel for the applicants submits that, admittedly, there was enough amount in the applicant s bank account when the duty payment cheques were received by the Chief Accounts Officer of Central Excise and the cheques were honou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have a fairly strong arguable case. The penal provisions of Rule 173Q have been invoked against the applicants on the strength of an allegation that they had no sufficient balance in their PLA when they issued cheques to the Chief Accounts Officer of Central Excise towards payment of duty on excisable goods cleared during the period January to March, 1997. The Revenue has no case that the payments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... long before the show cause notice was issued, the department accepted the above payments of duty and interest thereby condoning whatever defect was involved therein. Having condoned the assessee s lapses, prima facie, there cannot be valid reasons to invoke penal provisions against them. In this view of the matter, the applicants have a strong prima facie case, and hence the application is allowe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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