M/S. M.R. Compound & Allied … vs Cce Kanpur on 16 April, 2001

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Customs, Excise and Gold Tribunal – Delhi
M/S. M.R. Compound & Allied … vs Cce Kanpur on 16 April, 2001

ORDER

1. The matter was called. None appeared for the appellants, M/s. M.R. Compound & Allied Products Pvt. Ltd. and Others. A request has been filed in the court for adjournment on the ground that the counsel, Shri A.P. Mathur was not feeling well.

2. We find that earlier on 19.2.2001, adjournment was sought on similar grounds.

3. We find that when the stay application had come-up before the Tribunal on 21.12.98, the following orders were passed:-

“Heard both sides. The manufacturing company to deposit Rs.15 lakhs towards duty and Rs.5 lakhs towards penalty. Shiv Kumar Gupta to deposit Rs.1 lakh and Shri Davesn Ranjan to deposit Rs.5,000/- towards penalty. These deposits are to be made within 8 weeks from today i.e.21.12.1998. Compliance to be reported on 2.3.1999.”

4. The operative part of the order was announced in the open court, and in the order recorded, it is seen that in place of Rs.15 lakhs, the applicant’s firm was directed to deposit Rs.5 lakhs towards the duty. This error in the order has not been noticed earlier.

5. Shri M.M. Dubey, JDR seeks time to get the matter sorted out as according to him the duty amount to be pre-deposited was Rs.15,00,000/-(Rupees Fifteen Lakhs only). He refers to the notings in his case file.

6. The matter cannot be fixed for regular hearing unless this aspect of the matter is examined.

7. The matter to come-up for mention on 30th May, 2001. A copy of this order be supplied to both the sides.

8. Order dictated & pronounced in the open court on 16.4.2001.

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