9911796707
TMI Blog2006 (10) TMI 325X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 crores and equal amounts of penalties imposed upon M/s. Marvel Fashions and penalties under the provisions of Section 112 of the Customs Act and Rule 26 of the Central Excise Rules, 2002 on the Partner and Authorised Signatory of Marvel Fashions, on M/s. Cosmos Trading Company (supplier of raw materials to M/s. Marvel Fashions), and on the other 100% EOUs to whom Marvel Fashions stated that they have removed processed fabrics/scarves/dupattas. Details of the penalties imposed against the individuals are to be found in the annexure to this order. 2. The case of the department, in brief, is that Marvel Fashions, who were a 100% export oriented unit, engaged in the manufacture of 100% polyester dyed/printed fabrics, scarves, readymade garm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of M/s. Jay Jalaram Cargo Movers, on whose vehicles Marvel Fashions claimed to have been transported goods to other 100% EOUs, exists. 3. The first submission of the learned counsel for the applicants that the impugned order has been passed in violation of the order dated 22-12-2005 of the Hon ble High Court is prima facie not tenable for the reason that the applicants only sought leave of the High Court to withdraw their challenge to the proceedings and they stated that they would raise all their objections and their grievances before the Commissioner which was open to them to do on the date fixed for personal hearing 23-12-2005 instead of which they asked for further time. The plea regarding lack of opportunity of cross-examination of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not on record and no balance sheet either for the financial year ending 31-3-2006 or even for the previous year has been filed before us), we direct pre-deposit of a sum of Rs. 2.5 crores towards customs duty and Rs. 6.25 cores towards excise duty demand within a period of 12 weeks from today and on such deposit pre-deposit of the balance duty and penalties imposed on Marvel Fashions, Rafique M Ghaniwala and Munir Abdul Gaffar Surya shall stand waived and recovery thereof stayed pending their appeals. 5. Failure to comply with the above direction shall result in vacation of stay and dismissal of appeals of Marvel Fashions, Rafique M Ghaniwala and Munir Abdul Gaffar Surya without prior notice. 6. As regards the recipient 100% EOUs, na ..... X X X X Extracts X X X X X X X X Extracts X X X X
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