Judgements

Apar Industries Ltd. And M.J. Shah vs Commissioner Of Central Excise, … on 29 August, 2001

Customs, Excise and Gold Tribunal – Mumbai
Apar Industries Ltd. And M.J. Shah vs Commissioner Of Central Excise, … on 29 August, 2001


ORDER

Gowri Shankar, Member (T)

1. Duty of Rs.25.83 lakhs and equivalent penalty are required to be deposited by the assessee and a penalty of Rs.5 lakhs imposed on M.J. Shah, its General Manger, is required to be deposited.

2. The question involved in these appeals and in appeal E/1702/01 of Apar Industries is common. It revolves round the clearances made, stated to have been made from one unit of the firm (with which we are concerned in these appeals) to another, which is the subject matter of the second appeal. After hearing counsel for the appellant we are of the view that the appel as themselves could be disposed of on a short point. Taking not of the adjustment by he department of Rs.14.85 lakhs from the refund due to the appellant, we direct deposit of another Rs.5 lakhs within one month from today. Thereupon we waive deposit of the remaining duty and penalty and their recovery.

3. These appeals and appeal E/1702/01 will be listed for hearing on 8th October, 2001, subject to compliance with this order.