Customs, Excise and Gold Tribunal - Delhi
Varanasi Domestic Appliances (P) Ltd. vs C.C.E. on 28 April, 1998
Equivalent citations: 1999(114)ELT43(TRI-DEL)
ORDER P.C. Jain, Member (T)
1. Ld. Advocate, Shri M.P. Devnath, prays for waiver of pre-deposit and stay of recovery of Rs. 3,87,843/- demanded as duty for the period April, 1993 to August, 1993 against a Show Cause Notice dated 13-9-1996. The demand for duty essentially is on the ground that the value of clearance of the applicant company during the preceding financial year has exceeded Rs. 2 Crores. A small amount of Rs. 12,000/- is also included in the above duty on account of the assessable value.
2. We have heard the ld. Advocate at length. We have also heard ld. SDR, Shri D.S. Negi. We do not find that the applicants have a strong prima facie case in their favour. However having regard to the overall submissions including his plea that the factory at present is closed and facing financial problem, we direct the applicant to deposit an amount of Rs. Two lakhs within a period of six weeks from today. In case of compliance of the aforesaid directions the balance amount of duty shall remain waived and the Revenue would be debarred, from recovering the same during the pendency of the Appeal. In case of non-compliance, the order stands vacated and the appeal shall be liable to be dismissed without any further notice to the appellants.
3. To come up for ascertaining compliance on 29th June, 1998.