9911796707
TMI Blog2006 (8) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... 06 (stay). 2.The Petitioners are aggrieved by an order, dated 18th April, 2006 passed by the Principal Bench of the Customs, Excise and Service Tax Appellate Tribunal in Stay Application Nos. E/514-520/06 in Appeal Nos. E/589-595/06. By the impugned order each of the Petitioners were required to make a pre-deposit as a condition precedent to the hearing of their respective appeals and time was g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to light, the departmental authorities investigated it and recorded the statements of several persons said to have been involved in the clandestine removal including employees of some transport companies. Thereafter, a show cause notice was issued to the Petitioners as to why the goods be not confiscated and duty amount recovered and penalty imposed upon the Petitioners. During the adjudication ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal dismissed the applications but directed the Petitioners to deposit 50% of the penalty imposed or individuals while waiving the entire amount of penalty imposed on Petitioner No. l. The entire duty demanded by the departmental authority was, however, directed to be deposited. 7.In this writ petition challenging the order passed by the CESTAT, it is submitted by learned Counsel for the Petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of transport challans issued by non-existent firms. 10.It is true that the Petitioners had deposited a sum of Rs. 1 crore towards the duty demanded but, as noted by the CESTAT, the balance sheet furnished by the Petitioners before the Tribunal did not inspire much confidence. The Tribunal felt that there was reason to believe that the Petitioners had siphoned off considerable amounts money fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the bank guarantee will have to be furnished by the Petitioners to the satisfaction of the concerned Commissioner, Central Excise and will be kept alive during the pendency of the appeals. In so far as personal penalty on the individual Petitioners are concerned, the Petitioners (other than the Petitioner No. l) will furnish sureties for the penalty amounts to the satisfaction of the Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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