Customs, Excise and Gold Tribunal - Delhi
Nachiketa Strips & Tubes vs Commissioner Of C. Ex., Chandigarh on 11 January, 2002
Equivalent citations: 2002(141)ELT170(TRI-DEL)
ORDER
1. On the alleged ground of clandestine removal of the finished excisable goods viz., ERW Pipes & Tubes falling under Chapter subheading 7308.00, the Joint Commissioner (Preventive) of Central Excise Commissionorate Chandigarh-I vide his order dated 12-2-2001 confirmed duty amounting to Rs. 3,09,128.08 on the appellants and further imposed a penalty of Rs. 3,09,150/- on them under section 11AC of the Central Excise Act 1944 read with Rule 173Q of Central Excise Rules, 1944. The party filed an appeal but the same is rejected vide order dated 7-8-2001 passed by Commissioner (Appeals), Chandigarh.
2. The present appeal and the stay petition are against the impugned order. Shri K.K. Anand, Advocate for the appellants submits that the duty amount Rs. 3,09,128.08 is already paid by the appellants which is also mentioned in the Order-in-Original. The present stay petition is against the pre-deposit and the recovery of the penalty amount imposed on them. As regards the financial position of the party it is submitted that their unit is re ferred to the BIFR and the same is registered as case No. 521/97 with the Board. In support of this contention, the appellants have filed a copy of the letter of BIFR dated 24-4-97. It is observed that the appellants have voluntar ily paid the duty amount. Prima facie therefore, there does not appear to be a strong case on merits in their favour. Though their case is stated to be referred to the BIFR in 1997, their unit is still functioning and their working does not appear to be impaired in any manner on account of the financial stringency. In view of these facts therefore, I direct the appellants to make a pre-deposit of Rs. 75,000/- (Rupees Seventy Five thousand only) on or before 7-2-2002 as part of the penalty. On making such deposit, the deposit of balance amount of penalty shall stand waived and its recovery stayed till the disposal of the appeal. The matter will be called for reporting compliance on 12-2-2000.