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2016 (1) TMI 101 - AT - Central ExciseWaiver of pre deposit - Clandestine removal of goods - Held that:- Considering the attachment of properties by the Bank, Revenue was directed to ascertain the steps taken to safeguard Revenue. When the matter was listed today for final disposal of the stay petitions, the LD. Advocate submits that the department has attached the properties under Section 142. Ld. AR for the Revenue submitted a copy of the letter dated 01.01.2015 by the Dy. Commissioner of Central Excise, Salem, wherein he has confirmed about the attachment of immovable properties with the sub-registrar, Salem. We also find that the Joint Commissioner (Review) vide letter 04.12.2014, addressed to the Commissioner (AR) enclosed the list of attachment of properties movable and immovable under Rule 9 & 10 of the Customs (Attachment of Property of Defaulters for Recovery of Government Dues) Rules, 1995. The total value of the properties as per Annexure 3A & 3B amounts to ₹ 85,17,99,817/-. After the attachment, the properties were handed over to the appellant for its safe custody. - appellants have not made out a prima facie case for waiver of pre-deposit of dues. - Decided against Assessee.
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