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2015 (11) TMI 1030 - AT - Central ExciseWaiver of pre deposit - modification application - Suppression of production - Clandestine clearances - Held that:- Evidence of suppression of production and clearances is in form of the data retrieve hard disks recovered from the premises of the headquarters of the group companies. The tribunal in the stay order given a prima facie findings that the hard disk recovered from the headquarters of the group companies pertain to the appellant company and the clearances reflected therein are not accounted for statutory Central Excise records. If this is the prima facie finding of the Tribunal in the stay order and a prima facie view has been taken on the basis of material on record that the appellant company has suppressed its production and clearance, a logical conclusions of this would be that no sanctity can be attached to their profit and loss account or their claim of the company being in losses. In view of this, so far as the appellant company is concerned, we do not find any justification for modifying the quantum of pre-deposit. - However, as regards, the quantum of pre-deposit in respect of Shrivats Rathi is concerned, the same is reduced to Rs. One lakh.
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