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TMI Blog2014 (5) TMI 168X X X X Extracts X X X X X X X X Extracts X X X X ..... tricity than the actual consumption in the manufacture of excisable goods. There is evidence on record to show that the applicants are showing the sale of goods on losses, however, the applicant had given huge amount to traders on loan and received the interest of more than Rs. 36 lakhs in one year - prima facie the applicant has not made out a case for total waiver of pre-deposit of dues. Accordingly, the applicants are directed to pre-deposit 25% of Rs. 2,22,40,449/-the demand confirmed in respect of clandestine clearance of goods within a period of eight weeks. On deposit of the above mentioned amount, pre-deposit of the remaining amount shall stand waived during pendency of the appeal - Following decision of Orange City Alloys Pvt. Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicants are engaged in the manufacture of M.S. Round / Bars by rolling mills. An experiment was conducted by the Revenue and it was found that from the consumption of 1 KWH of electric power 830 kgs. Of finished goods are manufactured. As per the experiment, it was found that the applicant was showing higher consumption of electricity with intent to evade payment of duty. It was also fund that during the period of dispute, the applicant was showing the finished goods were sold in losses. The account books of the applicant also shows that during the period in dispute, the applicant received Rs. 36.27 lakhs as interest in respect of the money given to the trading firms. Taking into consideration of the evidence on record, the adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court in the case of Orange City Alloys (supra), it is not a case for total waiver of dues. The Revenue also submitted that SLP No. 4520/2012 filed by M/s Orange City Alloys Ltd. against the decision of Hon ble Bombay High 07.05.2012 is dismissed by Hon ble Supreme Court. 7. We find that in the present case, the experiment was conducted in the factory of the applicant in the presence of the applicant, which shows that the applicants are showing higher consumption of electricity than the actual consumption in the manufacture of excisable goods. There is evidence on record to show that the applicants are showing the sale of goods on losses, however, the applicant had given huge amount to traders on loan and received the interest of mo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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