Customs, Excise and Gold Tribunal - Calcutta
M/S Bindawala Electrical Indus. Ltd. vs Cce, Calcutta-Iv on 21 August, 2001
ORDER
Smt. Archana Wadhwa
1. The prayer in the application is for dispensing with the pre-condition of duty amount of Rs.18,987/- and penalty of Rs.2,000/-. The said amount of duty has been confirmed against the appellant in respect of certain shortages of raw materials and final product detected during stock verification conducted jointly by the Revenue and the appellants' representative. The appellants' submission that the raw material found at the floor shop was not taken into account has been rejected by the authorities as an afterthought.
2. After hearing both the sides duly represented by Shri S.K.Roychowdhury, ld. adv. and Shri A.K.Chattopadhyay, ld.JDR I find that the appellants do not have a strong prima facie case in their favour so as to allow the stay petition unconditionally. As such after taking into account the overall facts and circumstances I direct the applicant to deposit an amount of Rs.10,000/-(rupees ten thousand) within a period of four weeks from today. Subject to deposit of the above amount the balance amount of duty and penalty is waived and its recovery stayed. Matter to come up for ascertaining compliance and for disposal of appeal on 27.9.2001.
Dictated in the court.