9911796707
TMI Blog2012 (5) TMI 577X X X X Extracts X X X X X X X X Extracts X X X X ..... the Constitution of India is for quashing of the order dated 24-1-2012, Annexure P.3 passed by the Customs, Excise Service Tax Appellate Tribunal (for brevity, the Tribunal ) whereby the petitioner has been required to deposit an amount of ₹ 40 lakhs as pre-deposit as a condition precedent for hearing the appeal. 2. Briefly, the facts as narrated in the petition may be noticed. The pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as concluded that the petitioner had wrongly availed benefit of Small Scale Exemption. Show Cause notice was issued to the petitioner. The petitioner submitted its reply to the notice. The respondents held that the petitioner had actually manufactured and cleared the goods and wrongly shown that the goods were traded by it. The respondents confirmed the demand amounting to ₹ 1,01,74,318/- an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel for the petitioner and perusing the record, we do not find any merit in the petition. 5. The Tribunal noticed that the demand against the petitioner had been created on the allegation that it was guilty of offence of clandestine removal. It was further observed by the Tribunal that the balance sheet which had been shown would not give true financial position of the assessee as the transacti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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