9911796707
TMI Blog2011 (7) TMI 829X X X X Extracts X X X X X X X X Extracts X X X X ..... hs towards Rule 25 penalty also - Appeals are allowed by way of remand - E/1069 & 1070/10 - - - Dated:- 11-7-2011 - Mr. P.G. Chacko, Mr. P.R. Chandrasekharan, JJ. Appearance: Shri.Bharat Raichandani, Advocate for appellant Shri.R.K. Mahajan, Jt. CDR, for respondent Per: P.G. Chacko 1.These applications are seeking waiver of pre-deposit and stay of recovery in respect of the Central Excise duty and education cess demanded from the assessee and the penalty imposed on them and on the director of the company.After examining the records and hearing both sides, we are of the view that the appeals have to be finally disposed of at this stage. Accordingly, after dispensing with pre-deposit, we take up the appeals. 2. Both ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eals without insisting on pre-deposit. 3. We have examined the submissions which have been reiterated before us by the Counsel. We have also considered the submissions of Lt. Jt.CDR. Both sides have referred to a stay order passed by this Tribunal in an earlier batch of stay applications filed by the present appellants and similar manufacturers of MS ingots vide order No.S/110 to 147/11/EB/C-II dated 28/02/2011, The Ld. Counsel has made a feeble attempt to make out a prima facie case for waiver of pre-deposit and stay of recovery and for remand of the case to the lower appellate authority. 4. The Ld. JCDR has opposed the plea for waiver of pre-deposit and stay of recovery. He submits that the matter can be remanded to the Ld. Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it of penalty as he was demanding pre-deposit of full amount of duty. Now, that we are directing the assessee to pre-deposit only 50% of the duty amount before the lower appellate authority, we should also consider the question whether they should be asked to make any pre-deposit towards the penalty imposed on them under Rule 25. 7. In the facts and circumstances of this case, we are of the view that the assessee should pre-deposit an amount of Rs.10.00 lakhs towards Rule 25 penalty also. These amounts shall be deposited with the lower appellate authority within a period of four weeks from the date of receipt of a certified copy of this order and compliance should be reported to that authority on 12/09/2011 whereupon the Ld. Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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