9911796707
TMI Blog1998 (7) TMI 366X X X X Extracts X X X X X X X X Extracts X X X X ..... st the second applicant, Shri Sunil Kumar Lohia who is the partner of the first applicant firm. 2. Arguing on the applications, Shri B.N. Chattopadhyay, learned Consultant submitted that the said duty has been confirmed against them on the basis of allegations and findings of clandestine removal of Acid Slurry and Spent Acid manufactured by them. He submitted that though the applicants have admitted before the authorities below that the said products have been removed by them without payment of duty and without reflecting the production in the statutory records, he submitted that there was certain calculation mistakes which were pointed out to the adjudicating authority. Apart from that, he submits that the raw-material i.e. Lab, has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id by the manufacturer of the same, has been produced before the adjudicating authority. He submits that it is admitted by the applicants that no account of either the raw-material or of the final product, has been maintained by them. As such, it is not possible for the Department to extend the Modvat credit to the applicants in the absence of any accountal of the inputs etc. 6. As regards the applicants' plea that the provisions of Section 11AC were not invokable, he submits that assuming for a second that the said provisions were not applicable for the period in question, the adjudicating authority is not debarred otherwise from imposing 100% penalty in such admitted case of clandestine removal. 7. As regards the financial pos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f facts and circumstances of the case, we direct the applicants/appellants to deposit an amount of Rs. 7.00 lakhs (Rupees seven lakh) only towards the duty and an amount of Rs. 2.00 lakhs (Rupees two lakh) only towards the penalty within a period of twelve weeks from today. At this stage, the applicants/appellants claimed to have deposited an amount of Rs. 1.00 lakh during the investigation stage vide TR-6 Challan No. 1/96-97, dated 7-12-1996. If the same has been deposited by them, the same would be adjusted against the above quantum of Rs. 7.00 lakh directed to be deposited by them. Subject to the above deposit, the balance amount of duty and penalty is dispensed with and its recovery stayed during the pendency of the appeal. 9. As ..... X X X X Extracts X X X X X X X X Extracts X X X X
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