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TMI Blog2013 (10) TMI 1042X X X X Extracts X X X X X X X X Extracts X X X X ..... spreading from 2003 to 2007 - keeping in view that the total demand of duty lying with the Department, the Applicant is directed to deposit Rs.20.00 lakhs as pre-deposit – upon such submission the balance dues against all the applicants would stand waived and its recovery stayed during pendency of the appeals – Partial stay granted. - Appeal Nos.648-654/2011 - ORDER NO.S-560-566/Kol/13 - Dated:- 30-7-2013 - DR.D.M. MISRA AND DR. I.P. LAL, JJ. For the Appellant: Dr. Samir Chakraborty, Advocate For the Respondent: Sri S. Chakraborty, A.C. (A.R.) ORDER Per Dr. D. M. Misra : These applications are filed seeking waiver of predeposit of total duty of Rs.2.1 Crores and equal amount of penalty imposed against the applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th confiscation of Indian Currency of Rs.1,22,56,966/-. The demand is confirmed against Mica Mold on the ground that M/s MMPL is a dummy company and its clearances be clubbed to arrive at the aggregate value of clearance for the purpose of deciding eligibility of benefit of SSI exemption Notification No.8/2003-CE dated 01.03.2003. He submits that the issue of clubbing both the Units is debatable one and the same involves appreciation of evidences collected during the course of investigation and rebutted by them in the adjudication proceedings. Secondly, he submits that for the present purpose, since the substantial amount of Indian Currency, which has been confiscated and lying with the Department, the same would suffice if prima-facie, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confiscated under the provisions of Section 121 of the Customs Act, 1962, made applicable to Central Excise cases by virtue of Section12 of Central Excise Act, 1944. However, the ld. Advocate for the applicants made a fair offer to deposit an amount of Rs.20.00 lakhs (Rupees twenty lakhs only) in addition to the Indian Currency of Rs.1.22 Crores (approx.), which is still lying with the Department. 3. The ld. A.R. appearing for the Revenue has reiterated the findings of the ld. Commissioner and specifically has referred to the findings of the ld. Commissioner at Para 10.6 of the order, wherein the ld. Commissioner has recorded a finding and advanced the reasons, why the Indian Currency seized from the applicants, were liable for confiscati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicant, M/s Mica Mold for a long period of four year and spreading from 2003 to 2007. In these circumstances, keeping in view that the total demand of duty of Rs.2.01 Crores and the Indian Currency of Rs.1.22 Crores (approx.) lying with the Department, we direct the Applicant No. (1) M/s Mica Mold to deposit Rs.20.00 lakhs (Rupees twenty lakhs only) within a period of eight weeks from today and report compliance on 09.10.2013. On deposit of the said amount, the balance dues adjuged against all the applicants would stand waived and its recovery stayed during pendency of the appeals. In the event, the Applicant No. (i) M/s Mica Mold failed to deposit the said amount, as directed, the appeals filed all the appellants would stand dismissed wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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