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TMI Blog2011 (3) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... USTICE A.K. SIKRI HON BLE MR. JUSTICE M.L. MEHTA Appellant: Mr.Chandra Shekhar and Mr.Saurabh Upadhyay, Advocates Respondent: Mr.Satish Kumar, Sr. Standing Counsel. A.K. SIKRI, J. (ORAL) C.M. Appl. No.5377/2011 in C.E.A.C. No.1/2011 C.M. Appl. No.5364/2011 in C.E.A.C. No.2/2011 C.M. Appl. No.5379/2011 in C.E.A.C. No.3/2011 Allowed, subject to all just exceptions. The applications are disposed of. C.M. Appl. No.5376/2011 in C.E.A.C. No.1/2011 C.M. Appl. No.5363/2011 in C.E.A.C. No.2/2011 C.M. Appl. No.5378/2011 in C.E.A.C. No.3/2011 The appellants have filed these appeals against the order of CESTAT challenging the imposition of penalty. As per the orders of the CESTAT, penalty in the sum of Rs.5.00 crores is to be p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bonafides, members of the appellants family are agreeable to give security of the property standing in the name of M/s.Narsi Solvex (P) Ltd. having its registered office at 1918, Dimpir Nagar, Mathura, (U.P.). The Directors of the said company are brother and sister of the appellant and who are also appellants in these appeals. The details of property are mentioned in paragraph 7 of the application, which is a land admeasuring 2.5625 acres and freehold land. Learned counsel for the respondent opposes the prayer made in these applications. He has raised twin submissions in this behalf, namely, (i) four weeks time granted to the appellants expired long ago and applications are filed at a belated stage when the appeals themselves are coming ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 13th January, 2011, the same would have been given adequate consideration on that date also. Therefore, we don t agree with the contention of the learned counsel for the respondent that merely because on an earlier occasion four weeks time was granted to the appellant, that precludes the appellants from making a prayer for fixing the installments in remitting the amount in question. The applications, therefore, need to be considered on their own merits. Since, for the reasons stated in the application, which are taken note of in brief above, we are inclined to fix installments for making the payment. We may observe that even if the payment is made in installments, the Revenue does not get prejudiced in any way inasmuch the Revenue woul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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