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Customs, Excise and Gold Tribunal - Delhi

M/S. Media Video Limited vs Commissioner Of Central Excise, New ... on 5 July, 2001

ORDER

Lajja Ram, Member

1. Shri L.P. Asthana, learned Advocate submits that for hearing of the present application the applicants are required to pre-deposit (sic) of about Rs. 9 lakhs and penalty of Rs. 8.5 lakhs. He, further submits that a sum of Rs. 5 lakhs has earlier been deposited by the applicant when the matter had come up before the Tribunal before it was remanded. He refers to the remand order passed by the Tribunal and particularly referred to the observations of the Bench at Page-144 of the Paper Book. Shri Ashok Kumar, Departmental Representative agrees with the factual position as submitted by the Advocate.

2. After hearing both sides and after going through the facts on record, we direct that amount of Rs. 5 lakhs which had already been deposited, will remain with the Department till the final hearing of the case. Subject to the above pre-deposit of amount, the balance duty and penalty amount is waived and recovery stayed till the disposal of the appeal. To come up on its own turn.