9911796707
TMI Blog2003 (7) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... rding to the petitioner he let out the property situate at Pony Road, Brahma Nagar, Bhandewala Chauraha, Shuklaganj, Unnao to one Shri Ram Avtar Singh on rent who was carrying some illegal activities from the premises in question. A team of the Custom Officials on 18-12-1992 seized certain silver from the possession of Shri R.A. Singhal in a Maruti Van and Gypsy. Notice under the provisions of Customs Act was issued to the petitioner and other persons. The Commissioner (Central Excise), Kanpur by the order dated 4th August, 1999 ordered for absolute confiscation of 79 silvar bricks, weighing 2,640,227 Kgs. and imposed a penalty of Rs. 2.5 crores on the petitioner. Penalty was also imposed upon other person. The petitioner filed an appeal ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... behind the smuggling activities and does not deserve any sympathy of the Court. 4. I have considered the respective submissions of the counsel for the parties and also gone through the order of the Tribunal. The order of the Tribunal is a detailed order and it contains 10 paragraphs. Up to paragraph No. 6 the Tribunal has given the history of the case. In paragraph No. 7 which is relevant paragraph for the consideration the Tribunal has said that looking to the recovery of silver worth Rs. 2.4 crores the explanation of financial position submitted by the petitioner is not convincing. Proviso to Section 125E is relevant to decide the present controversy. A reading of the said proviso shows that for decision of waiver application the relev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a, 1988 (35) E.L.T. 449. In the paragraph No. 6 of the aforesaid judgment the law has been clarified. Reliance was placed on few other judgments by Shri Pankaj Bhatia. All those judgments need not be referred to in view of the fact that Shri Bhatia made concession on behalf of the petitioner that the petitioner is prepared to deposit Rs. 50,000/- within a period of one month from today in addition to Rs. 15,000/- already deposited. This concession has not been seriously disputed by the learned standing Counsel. He only submitted that since a huge revenue is involved the appeal should be heard and disposed of expeditiously. Anxiety of not the counsel is that the appeal may be heard and decided on merits as soon as possible. Considering the t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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