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TMI Blog2007 (5) TMI 611X X X X Extracts X X X X X X X X Extracts X X X X ..... he order of the Customs Excise & Service Tax Appellate Tribunal on the issue of predeposit. The outstanding duty demanded from the petitioner is ₹ 5,46,12,662/. Taking into consideration the facts as to whether there is any prima facie case and whether there are any financial hardships, the Tribunal has directed the petitioner to deposit only ₹ 2.50 crores within 8 weeks from the date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its in addition to their general electric lighting connections. Further the fact of presence of Diesel Generating set of 20 KVA installed with connection to supply of power to both the noticees is not disputed. However, it is the applicants' stand that the said power source was meant for drawing of water and other lighting purposes, etc. They have also contested that the statements of all the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e view the above evidence cannot be brushed aside lightly merely on the ground that the said statements stand retracted by way of affidavits which were filed before the adjudicating authority at the time of filing reply. We, further, note that the Commissioner has also referred to the fact of high consumption of electricity or fuel, supporting the Revenue's case that the process of mercerizing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the partner. As such reliance cannot be placed on the same. Further the Revenue to the extent of more than ₹ 5 crore is required to be secured in the light of our prima facie observations being against the applicants. Taking all the factors into consideration we direct M/s. Bhagyalaxmi Processors Industries to deposit an amount of ₹ 2.50 crore towards duty within a period of 8 weeks ..... X X X X Extracts X X X X X X X X Extracts X X X X
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