Koch Rajesh Cd Industries Pvt. … vs Commissioner Of Central Excise, … on 10 July, 2001

Customs, Excise and Gold Tribunal – Mumbai
Koch Rajesh Cd Industries Pvt. … vs Commissioner Of Central Excise, … on 10 July, 2001


Gowri Shankar, Member(T)

1. The applications are for waiver of deposit of duty of Rs. 2.08 lakhs approximately, penalty of equivalent amount under Section 11AC read with Rule 173Q and penalties of Rs. 25,000/- each on G.D. Agarwal and Rajiv Agarwal, its directors.

2. We have heard both sides.

3. The common representative of the applicants states that the goods are still under seizure by the department (although they have been kept under suparatnama to the assessee). Hence, the application for waiver of deposit of duty is unnecessary and is dismissed accordingly.

4. Penalties have been imposed on the assessee and its two directors on the ground that quantities of recorded compact discs with music and computer software were not entered in the RGI register. The contention that they were in fact entered but the officers failed to take note is prima facie very difficult to accept in the light of the fact that it has been the assessee;s contention throughout (including in the appeal now before us) that there was a failure to enter this quantity in the RGI register. No doubt, and application for modification of the statement of grounds of appeal has been filed. However, since the issue has been raised after the appeal has been filed we do not at this stage take cognizance of the contents of that application.

5. We therefore, think it appropriate to direct deposit of Rs. 55,000/- by the assessee towards the penalty, within a month from the receipt of this order, upon which we waive deposit of the remaining amount of penalty imposed o it and on its two directors.

6. We therefore not pass any order on the miscellaneous application. In our judgment, its admissibility should be heard and considered at the time of hearing of the appeal.

7. Compliance on 10th September, 2001.

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