ORDER
Lajja Ram
1. For hearing their appeal, M/s Ajit Cotton Ginning Pressing Dal & Steel Rolling Mill, Mandi Gobindgarh are required to pre-deposit duty amount of Rs. 92,46,397.00 and equal amount of penalty.
2. The matter relates to the shortages in the stock of raw materials as well as the finished products.
3. Shri Vivek Kohli, Advocate submits that the unit is a partnership concern and had run into financial difficulties. The various facts have to be argued at the time of final hearing and at this stage, for hearing their appeal, he offers, to pre-deposit a sum of Rs. 10,00,000/-.
4. Shri Mewa Singh, SDR refers to the statement of Shri Sohan Lal, Partner, where he had admitted the shortages. He refers to para-4 of the order-in-original. He further submits that all the facts have been clearly dealt with by the adjudicating authority and that it was a case of clandestine removal without payment of central excise duty. He submits that Revenue’s interest needs to be safe-guarded.
5. We have gone through the impugned order-in-original and we find that serious allegations of shortages in the raw materials and of clandestine removal of the finished products have been established against the appellants. The partner has admitted the shortages in his statement recorded under Section 14 of the Central Excise Act. A detailed order has been passed by the Commissioner of Central Excise, Chandigarh. At this prima facie stage, we consider that there is no case for complete waiver of the duty and penalty amount.
6. After taking note of the facts, we direct the appellants to pre-deposit Rs. 20,00,000/- (Rupees Twenty Lakhs Only) within a period of 12 weeks from today. On depositing the above sum of Rs. 20,00,000/- (Rupees Twenty Lakhs Only) within a period of 12 weeks from today, the pre-deposit of the balance duty and penalty amount will be waived and recovery stayed till the disposal of the appeal. The appellants are also directed not to dispose of the immovable assets, machinery, plants, etc. till the disposal of the appeal without the prior permission of the Tribunal.
7. Thus, the appellants are directed to pre-deposit Rs. 20,00,000/- (Rupees Twenty Lakhs Only) within a period of 12 weeks from today and also not to dispose of the immovable assets of the firm as directed above and to file an undertaking to that effect before the Commissioner within a period of 12 weeks from today. In case, the above sum of Rs. 20,00,000/- as not pre-deposited within a period of 12 weeks from today and the undertaking is not given then the appeal will be dismissed without further reference to the appellants.
8. To come-up for reporting the compliance and further orders on 4.10.2001.
Order dictated & pronounced in the Open Court on 22.06.2001.