TMI Blog2011 (2) TMI 1453X X X X Extracts X X X X X X X X Extracts X X X X ..... Advocate For the Respondent : Shri S.K. Mall, SDR Per : Mrs. Archana Wadhwa; The prayer in the application is to dispense with the condition of pre-deposit of duty of ₹ 1,60,43,273/- and penalty of identical amount confirmed against and imposed upon M/s. Explosion Proof Electrical Control. In addition penalties of varying amounts stand imposed upon the other appellants who ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o in the residential premises of Shri Ahokbhai Bhulabhai Patel and other places. 4. The statements of various persons were recorded during the course of investigation. During further course of investigation, statements of buyers were also recorded. As a result of such investigation, Revenue entertained a view that the said unit is indulging in clandestine manufacture and clearance of their fina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the impugned confirmation of demand of duty on the allegations of clandestine removal of the final products against the manufacturing unit is based upon the scrutiny of various records recovered from the appellants during the course of searches at various places. Invoice books showing the sales by M/s. Fenil Control Gears and M/s. EXEC, were found from the premises of the manufacturing unit. Fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osal of the appeal, at this interim stage, it can be safely concluded that the appellants does not have prima facie case in his favour so as to allow the stay petition unconditionally. We further note that the appellants have in their stay petition, neither pleaded any financial hardship nor has placed on record any evidence to reflect upon their poor financial condition. Further, though the appli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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