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TMI Blog2009 (3) TMI 164X X X X Extracts X X X X X X X X Extracts X X X X ..... C-II/(CSTB), - Dated:- 3-3-2009 - Ms. Archana Wadhwa, Member (J) and Shri K.K. Agarwal, Member (T) REPRESENTED BY : Shri S.S. Sekhon, Consultant, for the Appellant. Shri S.S. Katiyar, SDR, for the Respondent. [Order per : K.K. Agarwal, Member (T)]. - This is a miscellaneous application for modification of our stay order vide order No. S/572-573/08/CSTB/C-II dated 14-10-08 [2009 (234) E.L.T. 561 (T)] by which the appellants were asked to deposit Rs. 1.25 crores towards duty of customs and excise within eight weeks. There is another miscellaneous application filed by the revenue stating that our stay order has not been complied with by the assessee and therefore the appeal should be dismissed. 2. The applicant in their appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f depreciation on imported capital goods. The impugned stay order though refers to the order in M/s. SIV Industries case but has not offered any finding in connection with admissibility of depreciation. It was submitted that this view has been reiterated by the supreme court in the case of Parsin Chemicals - 2008 (230) E.L.T. 4 (S.C.). On a query from the Bench regarding the depreciated value Shri Shekhon ld. Consultant for the applicant submitted that such depreciation as on the date of issue of show cause notice (25-8-2004) would be around 30% and as on today will be 100%. 5. The applicant in their application has said that the stay order relies upon the decision of the tribunal in the case of Krishna Filaments vide order No. A/448 to 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the applicant. We however find that the in para 7 we have brought out the distinguishing features of the present case inasmuch as it has been stated that the unit is lying closed since October 2001 and the applicant have themselves claimed that the unit cannot be run as the machinery has totally become rusted and obsolete and the plant has become unusable. In view of this admitted position of non-fulfilment of export obligation, with admitted impossibility of fulfilling the same in future, and non-renewal of green card after march 2005 there has been a clear cut violation of conditions of notification 13/81 as amended by notification 53/97 for imported goods and notification 1/95 in respect of indigenous goods. In view of this it has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... best extend up to the date of issue of show cause notice. Since the amount of Rs. 1.25 crore demanded by us is well within that limit, we see no need of modifying our order. We, however, clarify that out of Rs. 1.25 crore Rs. 1.10 crore will be towards customs duty and Rs. 15 lakh towards central excise duty. This amount should be deposited within eight weeks from today and compliance should be reported on 24-4-09. On compliance being made there shall be waiver from pre-deposit of duties and penalties imposed and recovery thereof stayed till further disposal of appeals. Failure to comply shall result in dismissal of appeals without further notice. 8. As regards miscellaneous application filed by the revenue, since the aseessee has already ..... X X X X Extracts X X X X X X X X Extracts X X X X
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