Customs, Excise and Gold Tribunal - Delhi Tribunal

M/S. Anilma Associates & Ors. vs Cce, New Delhi on 18 June, 2001

Customs, Excise and Gold Tribunal – Delhi
M/S. Anilma Associates & Ors. vs Cce, New Delhi on 18 June, 2001


ORDER

Lajja Ram

1. For hearing these appeals, the appellants are required to deposit duty amount of Rs.63,50,509/- and varying amounts of penalties-Rs.10,00,000/- on partner, Shri Jeevan La, Rs.5,00,000/- on Shri Anil Kumar Rs.2,000,000/- on Shri Rajesh Dubey and Rs.5,00,000/- on Ms. Meenu Jagota, Partner in addition to the equal amount of penalty on Company, M/s. Anilma Associates i.e. of Rs.63,50,509/-.

2. The matter relates to the alleged clandestine removal of goods and the eligibility to the small scale exemption.

3. Shri J.S. Agarwal, Advocate submits that the amount of Rs.55,00,000/- had already been deposited by the Company even before the issue of the show cause notice and this fact has been noted in the adjudication order internal page-8 of the order, sub-para-VIII of para-18.

4. After hearing both the sides, subject to the condition that (Rupees Fifty five lakh only the amount of Rs.55,00,000/- will remain with the Revenue till the disposal of the appeals, the pre-deposit of the balance duty amount and penalty amounts including penalties imposed on the partners and the authorised signatory are waived and recovery stayed till the disposal of the appeal.

5. Matter to come-up in its own time. A copy of this order be supplied to both the sides.

Order dictated & pronounced in the open court on 18.6.2001.