9911796707
TMI Blog2004 (12) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal No. E/5119/04-B, who was Director of the company No. 1 at the relevant time. The company-appellant No. 1 is a 100% EOU. The duty amount has been confirmed against it by denying the benefit of the Notification No. 8/97-C.E. dated 1-3-1997 in respect of DTA sales made during the period in dispute detailed in the show cause notice as well as on the ground of having bogus/non-genuine transactions by selling the goods at throw away nominal to price the buyers who even did not exist. The learned Counsel has contended that the benefit of Notification 8/97 could not be denied even it is taken that the appellant-company purchased the raw material from other 100% EOUs. He has relied upon the ratio of law laid down in Favourite Industries v. Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of duty if it had manufactured those goods out of the indigenous raw material. The raw material procured by the appellant-company was from other 100% EOU who had imported the same and which could not said to be indigenous. The ratio of law laid down in Favourite Industries (supra) holding that for the facility of deemed export in Chapter IX of the Import Export Policy, no distinction existed between the goods supplied by a 100% EOU and the goods supplied by a unit in a DTA, is not attracted to the facts of the present case. 3.Regarding the clearance of the goods without permission by the appellant-company, the Tribunal in Sam Spintex Ltd. (supra) took the view that the duty payable would be under Section 3(1) of the Act. But t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the pre-deposit of the duty amount. The financial hardship of the appellant-company as pleaded by the Counsel can at the most be taken into account while determining the pre-deposit amount and not for allowing total waiver. It cannot be denied that the Government also needs money for implementation of its programmes and no assessee can be allowed to play with the huge amount of revenue and when demanded, to come and plead financial hardship for payment. It is for him to arrange for the money and pay back the Govt. revenue. 5.In the light of the discussion made above and keeping in view the facts and circumstances of the case in view, the appellant-company is directed to make pre-deposit Rs. 4 crores within a period of 8 weeks from today a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
