Customs, Excise and Gold Tribunal - Delhi
M/S Punjab Fibre Ltd. vs Cce, Chandigarh on 10 May, 2001
ORDER
P.S.Bajaj
1. Heard. This stay application arises out of the appeal no. E/672/2001-NB which has been filed against the impugned order-in-original of the Commissioner of Central Excise dated 27.12.2000 vide which he had confirmed the demand of Rs 21,53,094/- along with the equal amount of penalty on them.
2. The appellants through the present stay application have sought the complete waiver of the entire duty and penalty amount on the ground that the Commissioner had wrongly denied the benefit of exemption notification no. 4/97-CE dated 1.3.1997 as the goods manufactured by them were mainly yarn, monofilament, tapes or strips on which the appropriate duty of excise had already been paid by them. The learned counsel has reiterated this ground before us. He has also pleaded the financial hardship of the appellants. However, the learned counsel submitted that appellants could deposit Rs 4 lakhs for the purpose of hearing of the appeal.
3. The learned SDR, on the other hand, has reiterated the correctness of the impugned order of the Commissioner.
4. We have gone through the facts on record and the impugned order. Keeping in view the facts and circumstances of the case, the issue involved and the submissions made by the learned counsel, in our view, the ends of justice would be met and the interest of the revenue will also be safeguarded if the appellants are directed to pre-deposit Rs 4 lakh (rupees four lakh only) within a period of six weeks from today failing which their appeal shall become liable to be dismissed under Section 35-F of the Act without any further notice to the appellants. However, on deposit of this amount, the deposit of balance duty and entire penalty amount shall stand waived and recovery stayed. To come up for reporting compliance and further orders on 5th July, 2001.
5.(Dictated & pronounced in the open court)