TMI Blog2014 (4) TMI 715X X X X Extracts X X X X X X X X Extracts X X X X ..... ration for arriving at a final conclusion. Suffice it to say, at this interim stage, the appellants have not been able make out a good case in their favour so as to allow the stay petition unconditionally. As regards limitation, we find that in such cases of fraud, the extended period is available to the Revenue - apart from making a bald statement in the stay petition, there is no evidence reflec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvestigation conducted at the end of M/s Jaikara Steel Rolling Mills, Mandi Gobindgarh revealed that it was not a functioning unit as they did not have machinery to manufacture the goods in question. Even the electricity connection was found to be not installed in the factory. As such, the Revenue entertained a view that it was only paper transaction without the actual movement of the goods to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the appellant should be granted unconditional stay. 4. Learned DR appearing for the Revenue draws our attention to the finding of the lower authorities wherein it comes clearly that during the visit of officers to M/s Jaikara Steel Rolling Mills, machineries were found not installed. Further, there was no electricity connection in the absence of which it is not only difficult but impossible f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition, there is no evidence reflecting upon the poor financial status of the appellant. No balance sheets stand placed before us. 7. In view of the above, we direct the appellant to deposit an amount of Rs. 9 lakhs within a period of 12 weeks subject to which the pre-deposit of balance amount of duty and entire amount of penalty shall stand waived and its recovery stayed during the pendency ..... X X X X Extracts X X X X X X X X Extracts X X X X
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