9911796707
TMI Blog2013 (11) TMI 1090X X X X Extracts X X X X X X X X Extracts X X X X ..... (11) TMI 6 - SUPREME COURT OF INDIA] - thus Revenue’s successful investigation cannot be faulted nor credence challenged by flimsy pleas at the interim stage - the appellant is directed to make further deposit of Rs.85 Lakhs as last Installment. - Appeal No.E/55984 of 2013-EX(DB), Appeal No.E/55985 of 2013-EX(DB) - Stay Orders No. 58593-58594/2013 - Dated:- 2-7-2013 - Shri D.N. Panda and Shri Rakesh Kumar, JJ. For the Appellant: Shri Naveen Mullick, Advocate For the Respondent: Shri V.P. Batra, DR ORDER Per D.N. Panda: We have heard the matter in great length. There are two allegations to which the present appeal relates. First allegation relates to clubbing of the clearances of Anil Sales Corporation with Jain Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Revenue supports the adjudication s finding. 6. The other count of demand relates to clandestine removal and clearances. There was plethora of evidence and materials brought out in page 41 and 44 of the adjudication order in this respect speaking prejudice caused to Revenue by questionable modus operandi followed by appellants. Those transactions were to be questionable and clandestine clearance found has basis on record. But ld. Counsel submits that the statement recorded from Shri Pawan Kumar Jain is not credible for which clandestine removal has no basis to sustain. 7. Ld. Counsel says that when duty element was paid on the inputs, irrespective of the inputs resulting in manufacture in the hands of the seller, that does not debar t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tallments of Rs.20 lakhs each and last installment of Rs.5 lakh. The instatllments shall be deposited in following manner:- (1) First installment of Rs.20 Lakhs by 14.08.2013 (2) Second installment of Rs.20 Lakhs by 5.9.2013 (3) Third installment of Rs.20 Lakhs by 10.09.2013 (4) Fourth installment of Rs.20 Lakhs by 10.10.2013 (5) Fifth installment of Rs.5 Lakh by 5.11.2013 (The above deposit shall be in addition to Rs.15 lakhs appropriated in the adjudication order). 10. It is made clear that failure to make deposit of any of the instalments shall render this order vacated and Revenue shall at liberty to realize its entire dues in accordance with law. As soon as the instalments are deposited within a week thereof, challan copi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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