Customs, Excise and Gold Tribunal - Mumbai
Shree Vishnu Dyeing & Printing Mills ... vs Commissioner Of Central Excise And ... on 31 July, 2001
ORDER
Gowri Shankar, Member(T)
1. The director of the applicant is present. He says that the applicant ha snot deposited the amount, wants further period of 10 days to deposit the amount.
2. The Tribunal's order disposing of the stay application was dictated on 22.3.2001. The Tribunal asked for a deposit of Rs.25 lakhs (out of the duty, penalty and fine totalling Rs.7.606 crores approximately). An application was filed seeking modification of this order. In the order disposing of that application, the Tribunal noted the statement of the counsel on instruction, that the applicant to file a bank guarantee of Rs.25 lakhs within two weeks from that date. Accepting this submission, it modified the order, permitted bank guarantee to be filed by 31st July, 2001.
3. The director present us does not have any satisfactory explanation for not having filed the bank guarantee. He says that he has taken time to get the bank of agree to issue a bank guarantee. He is not able to explain why he misled the counsel by saying that bank guarantee he filed within tow weeks. The amount ordered to be deposited by the Tribunal is around 3% of the duty and penalty demanded. The appellant thus has at least four months (dating from the date of the order disposing of the stay application) to take steps to furnish bank guarantee. The applicant's conduct invites a conclusion that it does not have any serous implication to deposit the amount. We therefore do not see that any purpose would be served by giving andy further time.
4. The application is dismissed. Accordingly the appeal is also dismissed.