Customs, Excise and Gold Tribunal - Calcutta
U.T. Ltd. And S.S. Singhania vs Commissioner Of Central Excise (Adj.), ... on 18 October, 2001
JUDGMENT
Archana Wadhwa
1. Out of the total demand of duty of Rs. 41,94,012.00 (rupees forty one lakh ninty four thousand and twelve) confirmed by the Commissioner, the appellant has already deposited an amount of Rs. 10,94,263/- (rupees ten lakh ninty four thousand two hundred and sixty three) during the course of adjudication. The said fact is confirmed in the impugned order and the amount of duty so deposited by the appellant on 6.12.97 has been appropriated against the total demand of duty confirmed. Inasmuch as the appellant has deposited an amount of Rs. 11,00,000/- (rupees eleven lakh) (approx.) we take up the said deposit as sufficient for the purposes of Section 35F of the Central Excise Act, 1944. Accordingly we dispense with the condition of predeposit of balance amount of duty and penalty imposed upon the appellant and allow the stay petition in above terms. Penalty of Rs. 5,00,000/- (rupees five lakh) imposed upon the other appellant under 209A is also dispensed with and its recovery stayed during the pendency of the appeal before the Tribunal. Appeal is also listed for hearing on 5.11.2001.
Dictated in the court.