9911796707
TMI Blog2013 (5) TMI 520X X X X Extracts X X X X X X X X Extracts X X X X ..... balance sheet as on 31.3.2011, etc. we find a marked improvement of the financial position of the company. This apart, the income tax records indicating the latest financial status of the company at least as on 31.3.2012 are not forthcoming. The above records cannot be considered to reflect the latest financial position of the company. If the aforesaid trend of improvement of financial status from 2010 to 2011 has continued for 2012 and 2013, their financial position as on today will be much much better. In the above view of the matter, we would expect the appellant to pre-deposit the amount to enable the Commissioner (Appeals) to dispose of their appeal on merits. Thus, appeal stands allowed by way of remand. - Appeal No: C/2871/2011 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of 16.7% and 3.4% in respect of two samples related to the two bills of entry. In the reply to the relevant show-cause notice, the party asked for retest. They also wanted to cross-examine the Chemical Examiner of Customs House, Cochin. The adjudicating authority denied the benefit of the Notification No.21/2002-Cus. [Sl. No.30(I)(B)] to the importer on the basis of the concurrent test results showing FFA content less than 20%. It appears from the records that the show-cause notice had demanded differential duty of Rs.17,83,038/-. From the records, it appears that a corrigendum to the show-cause notice was issued enhancing the quantum of demand to the extent of Rs.20,76,404/-. The party replied to the show-cause notice as well as to the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iginal authority is a matter to be discussed at final hearing stage. Prima facie, the concurrent test results coming from reputed Government agencies have to be relied upon. On this basis, we have not found prima facie case for the appellant against the demand of duty resulting from denial of the benefit of Notification. At this stage, the learned counsel has endeavored to set up financial hardships as a ground for substantial reduction of the amount for pre-deposit. In this connection, she has referred to profit and loss account as on 31.3.2011, balance sheet as on 31.3.2011, etc. These documents indicate entries relating to depreciation, profit before tax, profit after tax, profit /loss from previous year, etc. On a comparison of such ent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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