Customs, Excise and Gold Tribunal - Mumbai
M/S. Bal Mahavir Tex Pvt. Ltd, Shri ... vs Commissioner Of Cen. Excise & Customs, ... on 30 March, 2001
ORDER G.N. Srinivasan, Member (J)
1. These 3 applications have been filed for waiver of duty of Rs. 20,63,832/- and equivalent amount imposed as penalty on the assessee applicant in Appeal No.E/1920/2000 MUM and penalty of Rs.2 lakhs each on the other two applicants viz. Directors of the firm. The applicant firm was carrying on the business of processed man made fabrics received from the customers in their mills. On 18.11.98, the officers made a check of the godown premises of the applicants. The statements were recorded from the dyeing masters as well as the other two applicants viz. S/Shri Omprakash H.Gandhi and Rameshwarlal A.Lahoti. All were found to be exculpatory. Show cause notices were given, replies were filed and after affording personal hearings, the impugned order has been passed and hence the present appeals as well as the applications for waiver of duty and penalties.
2. Shri Mayur Shroof, advocate appearing for the applicants states that from June, 2000 the mill had been closed and hence the applicants have no money to pay the amount. In view of the extenuating circumstances, he pleads for mercy before the Tribunal. He also showed us financial status of the company by producing certain balance sheet for the year ending March 1998-99 to buttress the above facts.
3. We have also heard Shri J.M.George, JDR for the Revenue.
4. At a particular point of time we asked the counsel whether he could offer any amount. He states that in view of the financial status of the applicants he cannot give any offer. We, are therefore, of the prima-facie view taking into account the totality of the circumstances that the ends of justice would meet if we ask the applicant firm to deposit 50% towards the duty within two months from the date of receipt of this order an on such payment being made, there will be waiver of payment of remaining duty and penalty amounts and stay recovery thereof during the pendency of the appeal. As well as the other applicants are concerned, we direct them to deposit Rs. 40,000/- (Rupees forty thousand) each within two months from the date of receipt of this order. On the payment being made, there will be waiver of payment of remaining sums of penalty and stay recovery thereof during the pendency of the appeals.
5. Compliance to be reported in 2nd week of July,2001.
(Dictated in Court)