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TMI Blog2014 (4) TMI 374X X X X Extracts X X X X X X X X Extracts X X X X ..... pellants gives an undertaking not to redeem the same during pendency of the appeal. As such, same gives sufficient security for demands in question. At this stage, by taking into consideration the statement of learned advocate that duty liability if at all would be around Rs.6.5 lakhs, we direct the applicant M/s. Elpar Electricals to deposit further amount of Rs.3.25 lakhs within a period of 12 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... td. was put to search on 11.10.07. The visiting officer recovered raw material showing procurement of Katcha slips as also Indian currency of Rs.3.75 lakhs. Simultaneous investigations were conducted at their dealer concern M/s. Vandana Enterprises under the proprietorship of M/s Ramesh Kumar Setia as also at another dealership concern M/s. Kalka Marketing. From the premises of Kalka Marketing cer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w materials. The said slips are of 2007 whereas the duty confirmed is for the period 2004-05. As such, the recovery of said slips can have no implications in the entire matter. Even otherwise they have explained that raw materials procured under the said slips was subsequently returned to the supplier being defective or were used in the manufacture of their final product cleared on payment of duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods to the tune of Rs.10 lakhs also stand confiscated with an option to redeem the same on payment of redemption fine of Rs.2 lakhs. Inasmuch as they have not redeemed the same, they are still lying with the Revenue and should act as security against the demand. 4. Countering the argument learned Jt.CDR draws our attention to the reasoning adopted by the adjudicating authority for arriving at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aking not to redeem the same during pendency of the appeal. As such, same gives sufficient security for demands in question. At this stage, by taking into consideration the statement of learned advocate that duty liability if at all would be around Rs.6.5 lakhs, we direct the applicant M/s. Elpar Electricals to deposit further amount of Rs.3.25 lakhs within a period of 12 weeks from today. Subject ..... X X X X Extracts X X X X X X X X Extracts X X X X
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