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2015 (9) TMI 775 - RAJASTHAN HIGH COURTWaiver of pre deposit - large scale evasion of central excise duty - clandestine production of excisable goods and removal of the same without payment of excise duty - Held that:- all the facts were within the knowledge of the appellants and/or its Director and/or its employees vis-a-vis all incriminating documents were found in the possession of the appellants/Director/employees and such aspects certainly need to be considered at the appellate stage and the CESTAT in the order impugned, after considering the facts placed on record and submissions made by both the sides, prima-facie, has come to the conclusion that no undue hardship would be caused to the appellants if the amount of ₹ 4 crores + ₹ 10 lakhs is deposited by the appellants and simultaneously would safeguard the interest of the revenue-respondent. The CESTAT granted an opportunity initially of hearing on 01/07/2013 to counsel for the appellants to get proper instructions from the appellants as to the quantum of pre-deposit that shall be made by the appellants at the interim stage to protect the interest of revenue. CESTAT has also considered, while passing the order impugned, about the factors stated by counsel for the appellants and has, prima-facie, come to the conclusion that the respondent had thoroughly analyzed the material recovered from Jai Ambika Dharamkanta, records of Dharamkanta and slips recovered there from, do prove the nexus about the clandestine clearance and removal of the goods made by the appellants in collusion with others and which was based with Dharamkanta weighment slips of goods of the appellants. It has been further observed that even the Director, in the statement recorded under section 14, demonstrated that weighment slip containing details of truck No. RJ05G2289 and RJ21G1014 related to the appellants, which were used for clandestine removal of goods. All the assets are already pledged/mortgaged with the Banks and, therefore, the interest of revenue cannot be safeguarded merely by the submission of counsel for the appellant that the appellants will not dispose of the assets, to be sold or alienated. When the same are already mortgaged with the Banks and bank would have first charge as rightly submitted by counsel for the respondents. We have already observed the observations of Hon'ble Apex Court in the case of Indu Nissan Oxo Chemicals Ind. Ltd. (2007 (12) TMI 220 - SUPREME COURT OF INDIA) and in our view, even if there is financial hardship, the same cannot be a ground in isolation to dispense with the condition of pre-deposit amount. Appellants are granted further one months' time to deposit the amount fixed by the CESTAT. If the said amount is deposited by the appellants within the time granted, as aforesaid, the appeal would be considered by the CESTAT on merits and if it is not deposited within the aforesaid time, the appeal before the CESTAT shall stand dismissed - Decided partly in favour of assessee.
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