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2014 (5) TMI 168 - CESTAT MUMBAIRestoration of appeal - Waiver of pre deposit - Appeal dismissed for non compliance of pre deposit order - manufacture of M.S. Round / Bars by rolling mills - experiment was conducted by the Revenue and it was found that from the consumption of 1 KWH of electric power 830 kgs. Of finished goods are manufactured - As per the experiment, it was found that the applicant was showing higher consumption of electricity with intent to evade payment of duty - Held that:- experiment was conducted in the factory of the applicant in the presence of the applicant, which shows that the applicants are showing higher consumption of electricity than the actual consumption in the manufacture of excisable goods. There is evidence on record to show that the applicants are showing the sale of goods on losses, however, the applicant had given huge amount to traders on loan and received the interest of more than Rs. 36 lakhs in one year - prima facie the applicant has not made out a case for total waiver of pre-deposit of dues. Accordingly, the applicants are directed to pre-deposit 25% of Rs. 2,22,40,449/-the demand confirmed in respect of clandestine clearance of goods within a period of eight weeks. On deposit of the above mentioned amount, pre-deposit of the remaining amount shall stand waived during pendency of the appeal - Following decision of Orange City Alloys Pvt. Ltd. and other [2011 (10) TMI 440 - BOMBAY HIGH COURT] - Conditional stay granted.
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