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TMI Blog2015 (3) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... statements. However, also the statements of late Mr. Om Prakash Saraf and Debabrata Das are on record, whose retraction whether valid or otherwise needs to be scrutinized and examined. In these circumstances, considering the financial hardship expressed by the applicant at this stage, the offer made by the Sr. Advocate seems to be reasonable. Consequently, we direct the applicant to deposit ₹ 10.00 Lakh within eight weeks from today and on deposit of the said amount, the balance dues adjudged against M/s. Saraf Metal Works and total dues against Ms. Sumitra Saraf adjudged is waived and its recovery stayed during the pendency of the appeal. - Partial stay granted. - Stay Petition Nos. 925-927/2012, Excise Appeal Nos. 558-560/2012 - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all these four witnesses, in their deposition, before the Ld. Adjudicating authority, did not confirm the earlier statements. He submits that there is no evidence whatsoever in support of the allegation of clandestine removal of alluminium wires from the factory during the relevant period. In support, he has also placed reliance on the capacity of production by the applicant s unit and placed the Chartered Engineer s certificate before us. He has also submitted that the kachha receipts on which the Department has placed reliance and issued the demand notice, relates to the job work alluminium wires in their factory during the relevant period. He further submits that the applicant s financial position is very bad as they have not been receiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ma facie, we find that these issues rest on evidences adduced by both sides. Also, at this stage we find that the earlier statements of the witnesses relied in the show cause notice, on cross-examination, did not conform to the earlier statements. However, also the statements of late Mr. Om Prakash Saraf and Debabrata Das are on record, whose retraction whether valid or otherwise needs to be scrutinized and examined. In these circumstances, considering the financial hardship expressed by the applicant at this stage, the offer made by the Sr. Advocate seems to be reasonable. Consequently, we direct the applicant to deposit ₹ 10.00 Lakh (Rupees Ten Lakhs only) within eight weeks from today and on deposit of the said amount, the balance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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