Customs, Excise and Gold Tribunal - Mumbai
Fibre Foils Ltd. vs Commissioner Of Central Excise, ... on 27 November, 2001
Equivalent citations: 2002(81)ECC491
JUDGMENT Jyoti Balasundaram, Member (J)
1. This is an application for waiver of Predeposit of Rs. 1,27,560 confirmed on Tin Plates found short during the visit by the Central Excise Officers and penalty of amount equal to the duty.
2. It is the contention of the applicant that there is actually no shortage in raw materials but it is due to not entering the issue and clearances into the relevant registers properly. Ld. D.R. opposes the prayer for waiver on the ground that both the Authorities below have considered the same and found it not to be acceptable.
3. On hearing both the sides, we are of the view that it cannot be said, prima facie, that there is no shortage in raw material, considering the evidence on record.
4. We therefore direct pre-deposit of the duty within a period of 4 weeks. On pre-depositing the duty, we waive the pre-deposit of penalty and stay its recovery.
5. Compliance to be reported on 04.01.02.
(Pronounced in Court)