9911796707
TMI Blog2006 (12) TMI 302X X X X Extracts X X X X X X X X Extracts X X X X ..... R, for the Respondent. [Order per : C.N.B. Nair, Member (T) (for the Bench)]. Heard both the sides at length and perused the records. 2. The appellant M/s. Navodhya Fabrics Ltd., Ludhiana imported polyester filament yarn consignments during the period November, 2002 to May, 2003. The imports were in terms of DEEC licence, and were duty free. The obligation cast on the appellant was to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort companies at Nasik, Calcutta and Ahmedabad, none of these transport company had any office in Ludhiana. One of the transport companies namely, Jay Bharat Roadways, did not exist in Nasik. The other two transporter companies stated that they had not carried out any transport of the consignments in question and had not received any payment for the said transporters. The authorities also sent the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant has canvassed the waiver of requirement for pre-deposit on the ground that the manufacturer is in financial difficulties. It is also pointed out that out of the duty demand of about Rs. 61 lakhs, the demand amounting to Rs. 6 lakhs cannot arise at all since no anti-dumping duty was attracted on the imported goods and that Rs. 10 lakhs remain already deposited. It is also pointed out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... obligation and the failure to use the material for export production attracted the provisions of Section 111(O). Reliance in this connection is placed on the judgment of Hon ble Supreme Court in the case of Sheshank Sea Foods Pvt. Ltd. v. Union of India reported in 1996 (88) E.L.T. 626. 8. A perusal of the evidence, prima facie, shows that the appellants claim of supplies to the export oriented ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have kept in mind the submissions regarding financial hardship. We find it difficult to accept the same mainly because these transactions are apparently outside the books of accounts of the applicant and therefore, plea about financial hardship, made basing entirely on the books of accounts, would not be tenable. That apart, the appellant has considerable assets as seen from its balance sheet. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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