Customs, Excise and Gold Tribunal - Mumbai
T.E.L.C.O Ltd., Shri Atul Kumar, Shri ... vs Commissioner Of Central Excise on 30 April, 2003
ORDER
Archana Wadhwa, Member (Judicial)
1. All the stay petitions are directed against the Order passed by the Commissioner of Central Excise, Jamshedpur vide which duty of Rs. 44,839,88.70 has been confirmed against M/s. Tata Engineering and Locomotive Ltd. along with confirmation of interest and imposition of personal penalty of identical amount under the provisions of Rules 173Q of Central Excise Rules, 1944 and an identical amount of personal penalty has been further imposed under the provisions of Section 11A of the Central Excise Act, 1944. In addition, penalties have been imposed upon on the other appellants who are employees of M/s. Tata Engineering and Locomotive Co. Ltd., under the provisions of Rules 209A.
2. Shri V. Sridharan, Ld. Advocate appearing for the appellant draws our attention to para 4.7 of the impugned order in which it is recorded tat the appellants have paid a sum of Rs. 52,30,273.47 on various dates during the course of investigation. As such, he submits that the said deposit covers entire amount of duty and a part of penalty imposed on the main appellants. In these circumstances he prays that the pre-deposit of balance amount of penalty against M/s. Tata Engineering and Locomotive Co. Ltd. and the entire amount of penalty imposed upto other employees to be dispensed with.
3. We also heard Shri. M.K. Gupta, Ld.Jt.CDR.
4. In view of the fact that the appellants have deposited duty amount and a part of penalty also, as recorded by the Commissioner in the impugned order, we dispense with the condition of pre-deposit of balance amount of penalty in respect of M/s. Tata Engineering and Locomotive Co. Ltd. and the entire amount of penalties imposed on the other appellants.
5. All the stay petitions are disposed off.
(Dictated in Open Court)