Customs, Excise and Gold Tribunal - Delhi
M/S. La Chem Pharmaceuticals (P) Ltd. vs Cce, Delhi-Iii on 27 March, 2001
ORDER
G.R.Sharma
1. Arguing the stay petitiones filed by M/s. La Chem Pharmaceuticals & Others and Shri S.S.Nandwana Shri V.R.Sethi, Ld. Counsel submits that in so far as the duty demand is concerned, the applicants have already deposited the entire amount of duty and have deposit penalty amounting to Rs.4,97,125/-. He submits that since even a part of penalty has been deposited by the applicant's firm, no further deposit may be directed and prays that stay petitions maybe allowed.
2. Shri Mewa Singh, Ld. DR submits that penalty imposed on the appellants has not been deposited in full and no amount of penalty has been deposited on behalf of the Director. He, therefore, prays that the applicants may be directed to deposit the full amount of penalty.
3. We have heard the rival submissions. We not in the instant case that no doubt the applicants have deposited the entire amount of duty and have already deposited a part of the penalty also but no amount has been deposited by the Managing Director. Having regard to the facts of the case, we waive further pre-deposit of penalty by the firm but direct the M.D. Shri S.S.Nandwana to deposit a sum of Rs.25,000 on or before 4.5.2001.
4. On deposit of this amount deposit of balance amount shall be dispensed with and recovery thereof shall remain stayed during the pendency of the appeal.
5. The matter should come up for reporting compliance on 15.5.2001.
6. The matter should come up for reporting compliance on 15.5.2001.