9911796707
TMI Blog2004 (4) TMI 451X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : S.L. Peeran, Member (J) (Oral)]. - For the purposes of hearing these appeals, the appellants are required to pre-deposit duty amount of Rs. 1,03,25,785/- and equivalent amount of penalty under Section 11AC, apart from penalty of Rs. 05 lakhs imposed on Shri Laxman Shenoy, Managing Director of the Company under Rule 209A of the Act. 2. The allegation against the appellants i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emands have been confirmed including penalty and personal penalty imposed on Shri Laxman Shenoy, Managing Director of the Company for his connivance and involvement in under-valuation and clandestine removal of goods. The appeal had been filed on 17-1-2002. The appellants took adjournments for 15 times on one pretext or the other. The learned Counsel submits that the Bench had directed the Revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on merit as they maintained three sets of invoices and the goods were cleared clandestinely without payment of duty. He submits that the Bank statement also support the fact that the buyers had paid amount for sale of the goods. The entire investigation revealed that the appellants have manufactured and cleared the goods clandestinely without payment of duty. He submits that revenue s interest is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of all the properties of the company, therefore, they are not in a position to pre-deposit any amount. On a careful consideration of the fact, we find, this itself cannot be a ground to grant full waiver of pre-deposit of disputed amount of duty and penalties as the appellants do not have prima facie case. However, taking into consideration of the overall facts and circumstances of the case, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
