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2013 (11) TMI 25 - CESTAT BANGALOREDemand of duty, interest and penalty - company under liquidation – Waiver of Interest and Penalty - Appellant assembled computers without payment of duty by the appellant-company - Hon’ble High Court of Karnataka vide their order dated 28.3.2012 had ordered for winding up of the company in accordance with law and have also directed the official liquidator to take charge of the assets of the company and take steps for realization of the same – Held that:- It is very clear that the appeal filed by the appellant-company gets abated – Nevertheless if the appeal abates it would mean that the order under challenge gets revived and the demand is enforceable - it would be appropriate that a copy of the order should be sent to the Registrar of the Hon’ble High Court for sending it to the official liquidator for appropriate action by him - unless official liquidator files an appeal for restoration of the appeal, the appeal which is abated ceases to be a matter. Regarding penalties on directors - held that:- penalty of Rs.10,000/- each on the Directors is nominal and no financial difficulty has been pleaded before us. The total duty evaded according to the appeal memorandum is Rs.17,79,472/- and having regard to the amount of duty evaded - amount of penalty ordered to be pre-deposited.
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