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TMI Blog2013 (11) TMI 1026X X X X Extracts X X X X X X X X Extracts X X X X ..... R) JUDGEMENT Per : Mr. M.V. Ravindran; These two stay petitions are directed against the waiver of pre-deposit of the amount of duty, interest thereof and penalty imposed by the adjudicating authority vide OIO No. 18/MP/40/2013 dated 8.4.2013. As the stay petitions are directed against the confirmed dues which arised due to the same impugned order they are being disposed of by a common order. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s submission that the Revenue has not raised any corroborative evidence in any form to support the allegations of clandestine removal. It is his submission that there is nothing on records to show that there was clandestine procurement of raw materials, unusual consumption of electricity or increase in the labour force, no statements of transporters to indicate that there was clandestine manufactu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n a surprise visit of the appellant's unit was undertaken, there was shortage of raw-materials on which they had availed cenvat credit to the tune of Rs 1 lac. It is his submission that appellants were unable to explain the shortage satisfactorily. 5. We have considered the submissions made by both sides and perused the records. On perusal of records, we find that there is factual recording by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsideration and is possible only at the time to final disposal of appeal. At this juncture, we are of the view that the main appellant has not made out prima facie case for complete waiver of pre deposit amount involved; there being no financial hardship claimed except for producing the letter written by the bankers invoking provisions of SARFAESI Act, it is noticed that the balance sheet of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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