JUDGMENT
Lajja Ram
1. For hearing the present appeal, the appellants, M/s. Lotus Litho Works are required to predeposit the duty amount of Rs.1,23,82,634.00(Rupees one crore twenty-three lakh eighty-two thousand six hundred thirty-four) and an equal amount of penalty plus interest at the appropriate rate. Appearing for he applicants, Sri K.K.Banerjee, learned Advocate submits that there re differing Orders by the Field Authorities in different jurisdictions with regard to the same product, although he fairly agrees that the Tribunal’s decision in the case of Collector of central Excise, Mumbai v. JEH Mfg. Co. Ltd reported in 1999(108) ELT-280(Tribunal) is against the appellants. He, further, submits that the Unit is facing financial difficulties and their business is adversely affected due to the differing Orders by he field formations in different jurisdictions. He submits that the matter has to be argued in respect of limitation also. He, further, submits that the jurisdictional Commissioner who has adjudicated the matter had also adopted a valuation higher than what the appellants had pleaded.
2. Shri A.K.Mondal, learned J.D.R. submits that the matter is covered by the Tribunal’s decision and the different Orders said to have been passed by the Field Authorities re not before the Bench.
3. After hearing both sides and after going through the facts on record and particularly keeping in view the Tribunal’s earlier decision in the case of Commissioner of Central Excise, Mumbai v. JEH Mfg. Co. Ltd.(supra), we direct the applicants to predeposit Rs.20.00 lakh(Rupees twenty lakh) only within twelve weeks from today. On depositing the above sum of Rs.20.00 lakh within 12 weeks today, the balance amount of duty and the full penalty amount will be waived and recovery stayed till the disposal of the appeal. To come up for ascertaining compliance and further Orders on 27.12.2001.
Dictated in the open court.