Customs, Excise and Gold Tribunal - Calcutta
M/S. Deepak Enterprises vs Commissioner Of Customs, Kolkata on 20 July, 2001
ORDER
Mrs. Archana Wadhwa
1. The Prayer in the Stay Petition is for dispensing with the condition of predeposit of personal penalty of Rs. 50,000.00 (Rupees fifty thousand) imposed upon the applicants on the findings of under-valuation of the glassware imported by them. The said findings are based upon the evidences collected by the Revenue in the shape of invoice, proforma invoice and price list of the manufacturer of the said glassware. It is recorded in the impugned Order that the applicants/appellants have not been able to contradict the said invoice or to show that they were not genuine. Accordingly, after hearing both sides duly represented by Shri P.K. Dutta, learned Advocate and Shri V.K. Chaturvedi, learned S.D.R., we direct the applicants/appellants to deposit an amount of Rs. 25,000.00 (Rupees twenty-five thousand) only within a period of four weeks from today. Subject to deposit of the above amount, the balance amount of duty is waived and its recovery stayed during the pendency of the appeal. Matter to come up for ascertaining compliance and for disposal of appeal on 23.8.2001.
Dictated in the open court.