9911796707
TMI Blog2014 (2) TMI 874X X X X Extracts X X X X X X X X Extracts X X X X ..... ccounting choice, inventory vouchers, profit and loss account, stock scenario, ratio analysis, sales register, purchase register, zonal register were maintained. Directors has meticulously analyzed the data contained in the said Pendrive vis-`-vis the statutory records maintained by the Applicant in the daily stock register and arrived at a finding that the sales which were not reflected in the DSA had been removed without payment of duty from the factory. The Directors cannot absolve themselves totally against such clearances - Applicant has failed to make out a prima facie case for total waiver of pre-deposit of dues adjudged against them - Conditional stay granted. - Appeal Nos.Ex.Ap.517-519/11 - ORDER NO.SO/71363-71365/2013 - Dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned order the Ld. Advocate for the Applicants had submitted that the data recovered from the possession of Shri Behara, computer operator of the applicant company cannot be relied upon as nowhere the Directors or any other employee of the Applicant company had admitted that the figures of sales and purchase maintained in the form of ledger related to their company and admitted to clearances without payment of duty. Further the Ld. Advocate has submitted that even though the data has been recovered from the possession of Shri Behara, their request for cross-examination of Shri Behara has not been acceded to by the adjudicating authority hence such evidence cannot be relied upon in confirming the demand against the Applicant. The Ld. Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account register maintained by the Applicant company, unaccounted clearances were noticed and accordingly demand was confirmed against the Applicant. The Ld.A.R. further submitted that once the primary evidence in the form of documents are available then it is not necessary to go for secondary evidences like collection of movement of goods by transports and statement of purchasers etc. The Ld. A.R. further submitted that when the print outs of data was placed before the Director Shri Sitaram Agarwal on 23.11.2007, the Director did not outrightly deny that the sale register relate to unauthorized sale does not belong to them, but sought time for further verification. The other Director Shri Arun Kadmawala also endorsed the views of Shri Agar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said Pendrive, the data related to account information, inventory information, accounting choice, inventory vouchers, profit and loss account, stock scenario, ratio analysis, sales register, purchase register, zonal register were maintained. The data relating to sale register and purchase register maintained in the Applicant companys name were retrieved in the presence of Shri Behara and the Director Shri Arun Kadmawala and the print outs were signed by Shri Behara. All these facts indicate that the data relating to sales and purchase have been maintained by the Applicant company in ordinary course of business and prima facie we are of the view that the sale relate to the Applicant company. We are not impressed with the argument of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adjudged against them. The Ld. Advocate at this stage submitted that the Applicant company has been closed and they are running in losses. Any direction for pre-deposit of any amount would result in undue hardship. Keeping in view the interest of Revenue and the principle of law settled by the Hon ble Supreme Court and High Courts in disposal of the Stay Applications, we feel it appropriate to direct the Applicant to deposit 25% of the duty confirmed. In these circumstances we direct the Applicant to deposit 25% of the duty confirmed against them and Rs.50,000/-(Rupees Fifty Thousand only) each on both the Directors within a period of 12 (twelve) weeks from today and report compliance on 17.02.2014. On deposit of the directed amount, the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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