9911796707
TMI Blog2004 (10) TMI 420X X X X Extracts X X X X X X X X Extracts X X X X ..... y his impugned order. 2. Mr. A. Hidayatullah, the ld. Senior Advocate appearing along with Mr. T. Gunasekharan, and Mr. M.V. Ravindran, ld. Advocates, submits that the demand has been confirmed against the appellant on two counts. An amount of Rs. 20.00 lakhs has been confirmed on the allegation and findings on clandestine removal of perfumery compound to one M/s. Suresh Enterprises. The evidence for confirming the said demand is the statement of the said buyer, wherein he admitted that the compound received by him from the appellant under cash bills have not been entered in his record in its totality. Further the department has conducted investigation at the other buyers ends and found that the names of the buyers as reflected in the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f two different grades is indicative that they were engaged in the manufacture of two grades of compounds with two different rates. Their failure to show the actual production method of second grade cannot ipso facto lead to an adverse conclusion adverse to them. As such the ld. Sr. Advocate prays for grant of unconditional stay. He however makes it clear that the appellants are not facing any financial difficulties. 6. Countering the argument, Mr. Ajay Saxena, the ld. SDR submits that there is ample evidence on record to reflect upon the manipulation of the records being maintained by the appellant. He draws our attention to the statement of representative of M/s. Suresh Enterprises as also of the proprietor of the appellant company. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellants have not been able to make out a prima facie case in their favour. The statement of Mr. J.M. Joshi, proprietor of the appellant company, as also the Inter Office Memo relied upon by the Revenue reflect upon the fact that the records were being manipulated during the relevant period. Lots of evidence is required to be appreciated for arriving at a view which can only be done at the time of final disposal of the appeal. Suffice it to say at this point that prima facie we are not convinced at all on the merits of the case in appellants favour. As such, keeping in mind the overall facts and circumstances of the case including the financial position of the appellants, we direct the appellants to deposit an amount of Rs. 7.00 lakhs with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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