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2013 (12) TMI 342 - CESTAT CHENNAIExport obligation not fulfilled - Goods partly diverted out of EHTP - Violation of post-import conditions of the Notification No. 13/81-Cus. read with Notification No. 53/97-Cus. – Contravention of the condition of Bond and Notification No. 1/95-CE and under Rule 196 of the erstwhile Central Excise Rules, 1944 - Central Excise duty benefit availed on the indigenous material procured under CT-3 - Held that:- The applicant had not intimated the non-availability of the relied upon documents but they only requested for extension of time to file reply to the show-cause notice - they have not filed any reply to show-cause notice - the jurisdictional Superintendent stated that in the factory location, there is no building or machinery belonging to the applicant but a housing project is being executed at that site by another company by name M/s. Akshaya Pvt. Ltd. - BIFR recorded that the possession of the assets of applicant-company has been taken over by M/s. Kotak Mahindra Bank Ltd. under Section 13(4) of SARFAESI Act and abated the reference in accordance with third proviso to Section 15(1) of SICA - the secured creditors and Government Departments are at liberty to file/pursue suit, if already filed, before the competent court of law to recover the dues from the company. Non-production of References – Waiver of Pre-deposits of Excise duty as well as custom duty – Held that:- The applicants have failed to produce any reference that official liquidator stands appointed in the matter - at the location of the factory a housing project is being constructed by Akshaya Pvt. Ltd. - the applicants directed to deposit the entire amount of customs duty and the excise duty along with interest as pre-deposit – stay not granted.
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