9911796707
TMI Blog1993 (9) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... cleared dutiable goods like eye-brow pencils in the guise of kum-kum pencils or black pencils which are not dutiable. After considering the explanation and the materials available with the first respondent, the order was passed demanding duty to the tune of Rs. 1,47,10,803/-, a redemption fine in respect of the goods confiscated and a penalty of Rs. 35,00,000/- on the writ petitioner. This apart, penalties were also levied on the Directors individually. The petitioner filed five stay applications and also applications for waiver of the pre-deposit as a condition for hearing the appeals filed by them. In and by the order of the 2nd respondent dated 2-1-1993, the Tribunal directed the petitioners to deposit a sum of Rs. 50,00,000/- for the pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss. In other words it is pointed out that the correct calculation would only lead to a duty liability of Rs. 73,00,000/-. The argument on merits has been noticed by the Tribunal. The Tribunal considered the case of the petitioners in juxtaposition with the arguments of the revenue wherein it was pointed out that for the period from 1-4-1986 to 3-12-1990 a proportional quantity of raw materials was arrived at and taken into consideration for the quantity of Eye-brow pencils produced during that period. While observing that the case involved multiplicity of facts and points of law and that the same can be gone into only at the time of the disposal of the case, the Tribunal proceeded to say that they were not convinced that a strong prima faci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount to such extent as the Court finds necessary. While doing so, the Court has also to take note of the interest of the revenue and make sufficient safe guards. 5. There is also an argument that if the appellant is directed to deposit a huge amount, it will practically deny him the opportunity of having the appeal heard on merits. This is because if the amount is not deposited, the appeals will not be heard on merits. It is one thing to reject a stay application and totally another to deny waiver of pro-deposit. However big a concern or Company may be, it will certainly be difficult to deposit a huge sum of Rs. 50,00,000/- unless probably the concern decides to sell its assets. That could not be the object of the said provision of law ..... X X X X Extracts X X X X X X X X Extracts X X X X
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