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TMI Blog2009 (1) TMI 729X X X X Extracts X X X X X X X X Extracts X X X X ..... writ petition being aggrieved by an order of the Tribunal dated 11th June, 2008 and 21st January, 2008 passed on the waiver application filed by the petitioner for the hearing of his appeal. A bare perusal of the order shows that the hardship factor as presented by the petitioner has not been dealt with by passing orders on the waiver application. Learned counsel for the department has argued that it is because the Tribunal has considered the hardship factor that it has waived 75% of the amount i.e. 50% of the duty and 100% of the penalty has not been demanded from the petitioner for the hearing of the appeal. However, as said earlier as bare perusal of the order does not disclose the reason by the Tribunal and also there is no discussi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed from the factory and in addition certain private records were recovered from the residence of ex-General Manager who was allegedly not well disposed to the company. 4. On appreciation of the above facts, the Commissioner has held that the applicant has indulged in unaccounted production and clandestine removal and confirmed demand of Rs. 50,05,014/- along with interest and imposed penalty of equal amount under Section 11AC on the applicant company and also imposed penalty of Rs. 5 lakh on Shri K.K. Somani. 5. On perusal of the records and on going through the finding of the Commissioner including the facts mentioned as above, we are, prima facie of the view that the applicant has not made out a case on merits for waiver of the dues a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have already held that on merits, the case is prima facie against the applicants. On the aspect of financial hardship, taking into accounts the level of inventories, amount receivable and fixed deposits etc. we hold that it is not a case of undue hardship. Further, the interest of Revenue also requires to be safeguarded. 9. The learned advocates offers, after consulting his client, to make a further deposit of Rs. 5 lakh. 10. Taking the entire facts and circumstances of the case into account including the financial hardship pleaded, and the fact that they had already deposited Rs. 5 lakh into account, we direct the applicant company to deposit a further sum of Rs. 10,00,000/- (Rupees Ten lakh only) within a period of 8 weeks from today. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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