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Customs, Excise and Gold Tribunal - Delhi

M/S. Samtel (India) Ltd. vs Cce, Jaipur-Ii on 21 June, 2001

ORDER

Lajja Ram

1. M/s. Samtel (India) Ltd. are engaged in the manufacture of Black & White T.V. picture tubes of different screen sizes. In the present case, it has been alleged that input credit in respect of 14" size T.V. screen was less than the credit utilised while paying the duty on the said T.V. screen.

2. Shri V. Lakshmikumaran, Ld. Advocate submits that the Revenue has calculated the differential duty of Rs. 3,84,97,707/- and the appellants have already paid a sum of Rs. 227.20/- lakhs in this regard. He submits that for hearing their appeal, no further pre-deposit may be asked for. A penalty of Rs. 5 lakhs has also been imposed.

3. After hearing Shri Mewa Singh, Ld. SDR and after going through the facts on record, we consider that the amount of predeposit amounting to Rs. 227.20 lakhs will remain with the Department till the disposal of the appeal and for hearing the appeal, no further deposit may be called for at this stage. We accordingly, waive the pre-deposit of penalty amount and the balance duty amount and recovery stayed till the disposal of the appeal.

Matter to come up in due course.

Order dictated in the open Court.