C.N. Sukumaran vs Collector Of Central Excise on 8 February, 1994
In support of his argument, he cited a decision of the Tribunal in the case of Central Pulp Mills Ltd., Surat v. Collector of Central Excise, Surat, reported in 1993 (21) ETR 723. He pleaded that the duty on recalculation works out to Rs. 2,20,405.60. On financial hardship, Shri Lakshmikumaran drew the attention of the Bench to the Profit and Loss account for the year ending 31-3-1991 and 31-3-1992. For the years ending 31-3-1991, the total capital of the appellant was Rs. 21,816/- and for the year ending 31-3-1992, the total capital was Rs. 31,861/-. Shri Lakshmikumaran further stated that the appellant does not have any other assets - movable or immovable. He stated that the appellant is not now in business. He further stated that his wife is working as a school teacher and household expenditure is being met by him from the income earned by his wife. He further stated that this statement may be treated as a statement across the Bar as per the instructions from his client. He pleaded for the dispensing of the duty and penalty amounts.